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BOREL v. FIBREBOARD PAPER PRODUCTS CORPORATION

No. 72-1492.

493 F.2d 1076 (1973)

Clarence BOREL, Plaintiff-Appellee, v. FIBREBOARD PAPER PRODUCTS CORPORATION et al., Defendants-Appellants, National Surety Corporation, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 13, 1973.

Attorney(s) appearing for the Case

George E. Duncan, Beaumont, Tex., for Pittsburg Corning Corp; W. Page Keeton, Austin, Tex., of counsel.

W. N. Arnold, Jr., Houston, Tex., for Philip Carey Corp. and Armstrong Cork Corp.

John G. Tucker, Gordon R. Pate, Beaumont, Tex., for Johns Manville Prod. Corp.

Ward Stephenson, Orange, Tex., for Clarence Borel.

George E. Murphy, Beaumont, Tex., for Nat'l Surety Corp.

Robert E. Barnes, Beaumont, Tex., for Ruberoid Co.

Before TUTTLE, WISDOM and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 13, 1973.

WISDOM, Circuit Judge:

This product liability case involves the scope of an asbestos manufacturer's duty to warn industrial insulation workers of dangers associated with the use of asbestos.

Clarence Borel, an industrial insulation worker, sued certain manufacturers of insulation materials containing asbestos to recover damages for injuries caused by the defendants' alleged breach of duty in failing...

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