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MOONEY v. FIBREBOARD CORP.

Civil A. No. B-78-223-CA.

485 F.Supp. 242 (1980)

R. L. MOONEY, Sr. v. FIBREBOARD CORPORATION et al.

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

January 14, 1980.

Attorney(s) appearing for the Case

Marlin Thompson, Stephenson, Thompson & Dies, Orange, Tex., for plaintiff.

George A. Weller, Weller, Wheelus & Green, Beaumont, Tex., for Fibreboard Paper Products Corp.

John G. Bissell, Strong, Pipkin, Nelson, Parker & Bissell, Beaumont, Tex., for Johns-Manville Products Corp.

Gregory Neill Jones, Stephen C. Dillard, Fulbright & Jaworski, Houston, Tex., for Owens-Corning Fibreglas Corp.

Frank M. Bean, Bean & Manning, Houston, Tex., for Eagle-Picher Industries, Inc.

Gordon R. Pate, Beaumont, Tex., for Pittsburgh Corning Corp.

Gerald P. Coley, Vinson & Elkins, Houston, Tex., for Unarco Industries, Inc.

Lipscomb Norvell, Jr., Benckenstein & Norvell, Beaumont, Tex., for Philip Carey Corp. (now Celotex).

John G. Tucker, Orgain, Bell & Tucker, Beaumont, Tex., for Rubberoid Corp.—A Division of GAF Corp.

John H. Boswell, B. Stephen Rice, Boswell, O'Toole, Davis & Pickering, Houston, Tex., for Armstrong Cork Co.

James W. Mehaffy, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for Standard Asbestos Mfg. & Insulating Co.

Dale Dowell, Reinstra, Reinstra & Dowell, Beaumont, Tex., for Nicolet Industries, Inc.

OPINION AND ORDER

JOE J. FISHER, Chief Judge.

This is an asbestosis case; at issue is collateral estoppel.

During the years from 1940 to 1970, the plaintiff, R. L. Mooney, Sr., was employed as an insulator. As part of his job as an insulator he handled large quantities of insulating materials containing asbestos dust and fibers. Mr. Mooney now believes that as a result of his former employment as an insulator and consequent exposure to asbestos he...

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