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GLOVER v. JOHNS-MANVILLE CORP.

No. 80-1085.

662 F.2d 225 (1981)

William B. GLOVER, Weeks Smith, William L. Bazemore, Plaintiffs, v. JOHNS-MANVILLE CORPORATION, a Delaware Corporation; Johns-Manville Sales Corporation, successor by merger with Johns-Manville Products Corporation, a Delaware Corporation; Unarco Industries, Inc., formerly known as Union Asbestos and Rubber Company, a Delaware Corporation; H. K. Porter Company, Inc., Thermoid Division, a Delaware Corporation; Southern Textile Company, a Delaware Corporation; Raybestos-Manhattan, Inc., a Connecticut Corporation; Owens-Corning Fiberglas Corporation, a Delaware Corporation, the Celotex Corporation, a Delaware Corporation, Appellants, and PITTSBURGH CORNING CORPORATION, a Delaware Corporation; J. P. Stevens & Company, Inc., a Delaware Corporation; Eagle-Picher Industries, Inc., an Ohio Corporation; Amatex Corporation, a Pennsylvania Corporation, GAF Corporation, a Delaware Corporation, Defendants and Third Party Plaintiffs, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1981.

Attorney(s) appearing for the Case

C. Michael Montgomery, Norfolk, Va. (Steven G. Schwartz, Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, Va., on brief), for Johns-Manville Corp. and Johns-Manville Sales Corp.

Philip Payne, Newport News, Va. (Hoyle, Corbett, Hubbard, Smith & Payne, Newport News, Va., Pitney, Hardin & Kipp, Morristown, N.J., on brief), for Raybestos-Manhattan, Inc.

Gerard E. W. Voyer, Taylor, Walker & Adams, Norfolk, Va., on brief for Unarco Industries, Inc.

Archibald Wallace, III, Albert D. Bugg, Jr., Sands, Anderson, Marks & Miller, Richmond, Va., on brief for H. K. Porter Co., Inc. and Southern Textile Company.

Jack E. Greer, Williams, Worrell, Kelly & Greer, Norfolk, Va., on brief for Owens-Corning Fiberglas Corp.

John Y. Pearson, Jr., Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., on brief for Celotex Corp.

Joseph B. Cox, Jr., Chapel Hill, N.C. (Alice Daniel, Asst. Atty. Gen., Washington, D.C., Justin W. Williams, U.S. Atty., Alexandria, Va., Neil R. Peterson, Civ. Div., Dept. of Justice, Washington, D.C., on brief), for appellee.

Before WIDENER, HALL and PHILLIPS, Circuit Judges.

WIDENER, Circuit Judge:

The appeal at hand arises from an action for indemnity brought against the United States by the Johns-Manville Corporation and fourteen other manufacturers of asbestos-based insulation products (the manufacturers). The district court dismissed the two contractual counts of the manufacturers' complaint for lack of subject matter jurisdiction, and, after a full trial, held as a matter of both law and fact that the manufacturers were not entitled...

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