ARCELL v. ASHLAND CHEMICAL CO., INC.


152 N.J. Super. 471 (1977)

378 A.2d 53

CHARLES ARCELL ET AL., PLAINTIFFS, v. ASHLAND CHEMICAL CO., INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. AMERICAN CAN COMPANY ET AL., THIRD-PARTY DEFENDANTS. GEORGE WARBECK ET AL., PLAINTIFFS, v. ASHLAND CHEMICAL CO., INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. AMERICAN CAN COMPANY ET AL., THIRD-PARTY DEFENDANTS. ALBERT MURPH ET AL., PLAINTIFFS, v. ASHLAND CHEMICAL CO., INC., ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. AMERICAN CAN COMPANY ET AL., THIRD-PARTY DEFENDANTS. CHARLES ARCELL ET AL., PLAINTIFFS, v. COLGATE PALMOLIVE CORP. ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. AMERICAN CAN COMPANY ET AL., THIRD-PARTY DEFENDANTS. ELEANOR M. BERGER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF EDWARD BERGER DECEASED, PLAINTIFF, v. DEWEY & ALMY CHEMICAL DIVISION, W.R. GRACE CO. ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. AMERICAN CAN COMPANY ET AL., THIRD-PARTY DEFENDANTS. EDWARD WILCZEK ET AL., PLAINTIFFS, v. UNION CARBIDE CORP. ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. AMERICAN CAN COMPANY ET AL., THIRD-PARTY DEFENDANT. VERA DIANA ET AL., PLAINTIFFS, v. UNION CARBIDE CORP. ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. AMERICAN CAN COMPANY ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 14, 1977.


Attorney(s) appearing for the Case

Messrs. Mendel White and George M. Kachmar for plaintiffs Arcell et al. (Messrs. Guarini & Guarini, attorneys).

Mr. Daniel Herman for plaintiff Berger (Messrs. Kohn, Soperstein & Needle, attorneys).

Mr. William B. McGuire for defendants and third-party plaintiffs PPG Industries, Inc. and Radiation Polymer Co.; lead counsel for all defendants except Manufacturing Chemist Assoc., and M & T Chemicals, Inc. (Messrs. Lum, Biunno & Tompkins, attorneys).

Mr. George L. Benninger for defendant and third-party plaintiff Skelly Oil, Inc.; associate lead counsel for all defendants except Manufacturing Chemists Assoc., and M & T Chemicals, Inc. (Messrs. Schumann, Hession, Kennelly & Dorment, attorneys).

Mr. Frank L. Bate for defendant and third-party plaintiff Manufacturing Chemists Assoc. (Messrs. Shanley & Fisher, attorneys).

Mr. Clyde A. Szuch for third-party defendant and fourth-party plaintiff American Can Co. (Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. Joseph F. Kelly, Jr., for fourth-party defendant E.I. DuPont de Nemours & Co. (Messrs. Townley & Updike and McElroy, Connell, Foley & Geiser, attorneys).

Mr. Bernard T. Hein (Messrs. Hein, Smith & Berezin, attorneys) and Mr. William John Schmelz (Messrs. Lowenstein, Sandler, Brochin, Kohn & Fisher, attorneys) for defendant and third-party plaintiff M & T Chemicals, Inc.

Messrs. Schwartz & Andolino for defendant and third-party plaintiff Inmont Corp.

Mr. Kenneth von Schaumburg for defendant and third-party plaintiff Sun Chemical Co. and General Printing Ink (Messrs. Moser, Roveto, McGough & von Schaumburg, attorneys).

Mr. Martin B. Wallerstein for defendant and third-party plaintiff Ashland Chemical Co. (Messrs. Morgan, Melhuish, Monaghan & Spielvogel, attorneys).

Ms. Amy R. Piro for defendant and third-party plaintiff Glidden-Durkee Division of SCM Corp. (Messrs. Young, Rose and Millspaugh, attorneys).

Mr. Donald Zarin for defendant and third-party plaintiff Texaco, Inc. (Messrs. Sills, Beck, Cummis, Radin & Tischman, attorneys).

Mr. Donald R. Thorsen for defendant and third-party plaintiff Eastman Chemical Products Inc. (Messrs. Hansen, Pantages, Seller & Zavetsky, attorneys).

Mr. Melvin S. Whitken for defendant and third-party plaintiff Dewey & Almy Chemical Division of W.R. Grace Co. (Messrs. Gorrin & Ironson, attorneys).

Mr. Kenneth J. Doukes, Jr., for defendant and third-party plaintiff Vita Var Division of Textron, Inc. (Messrs. Cohen, Hoagland, Keefe & Oropollo, attorneys).

Mr. Frederick L. Heissenbuttel for defendant and third-party plaintiff Union Carbide Corp. (Messrs. DeYoe, Guiney & Raziano, attorneys).


TARLETON, J.S.C.

In these seven products liability cases, third-party defendant and fourth-party plaintiff American Can has renewed its motion for dismissal of the third-party complaints and has moved for dismissal of fourth-party defendant DuPont's counterclaim for express indemnification.

Plaintiffs are present or former employees of American Can who worked at various New Jersey locations between 1969 and 1975. They name as defendants various manufacturers...

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