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FLATT v. JOHNS MANVILLE SALES CORP.

No. M-79-39-CA.

488 F.Supp. 836 (1980)

Virginia FLATT et al. v. JOHNS MANVILLE SALES CORP. and Certain-Teed Corp.

United States District Court, E. D. Texas, Marshall Division.

April 25, 1980.

Attorney(s) appearing for the Case

G. Luke Ashley of Thompson & Knight, Dallas, Tex., argued on behalf of defendant Johns Manville, in addition to submitting a brief to the Court opposing the application of collateral estoppel.

Jack Flock, Tyler, Tex., for defendant Certain-Teed.

Rex Houston, Henderson, Tex., argued for plaintiffs at the hearing the Court conducted on the plaintiffs' motion for partial summary judgment.

MEMORANDUM OPINION AND ORDER

ROBERT M. PARKER, District Judge.

Plaintiffs have brought this products liability action contending that exposure to cement pipes which contained asbestos was a producing cause of Alvin Flatt's incapacity and ultimate death due to mesothelioma, a cancerous tumor of the membrane which lines the chest cavity. The cement pipes in question were manufactured by defendants Johns Manville and Certain-Teed and sold to East Texas Salt...

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