FUSCO v. JOHNS-MANVILLE PRODUCTS CORP.

No. 80-1532.

643 F.2d 1181 (1981)

Albert J. FUSCO, Plaintiff-Appellant, v. JOHNS-MANVILLE PRODUCTS CORP. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

May 1, 1981.


Attorney(s) appearing for the Case

Yarborough, Yarborough & Stallings, Charles D. Yarborough, Bedford, Tex., for plaintiff-appellant.

Thompson, Knight, Simmons & Bullion, Christopher W. Byrd, Schuyler B. Marshall, Dallas, Tex., for Johns-Manville.

Shannon, Gracey, Ratliff & Miller, Thomas J. Henry, Vic Anderson, Jr., Fort Worth, Tex., for Owens Corning, etc.

J. M. "Mike" Lee, Fort Worth, Tex., for J. P. Stevens.

Robert M. Greenberg, Dallas, Tex., for Philip Carey Corp.

Vial, Hamilton, Koch, Tubb, Knox & Stradley, Jeffrey S. Lynch, Dallas, Tex., for Pitts. Corning Corp.

Before CHARLES CLARK and GEE, Circuit Judges, and SPEARS, District Judge.


SPEARS, District Judge:

Fusco appeals from a district court order granting summary judgment for Johns-Manville and other named defendants. We affirm the district court.

The only issue on appeal is whether the district court correctly granted summary judgment for Johns-Manville and other manufacturers (manufacturers) on the basis that Fusco's cause of action was time-barred. Summary judgment is proper in a situation where there is no genuine issue of material...

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