WHITE v. JOHNS-MANVILLE CORP.

Nos. 80-1116 to 80-1118.

662 F.2d 243 (1981)

John W. WHITE, Ronald M. Cash, Donahue Ellis, Willie A. Gibbons, Thomas J. Hogge, Maurice W. Holloway, Wilon W. Jones, Percy C. Overman, Hugh V. Reynolds, John Lee Roland, Thomas R. Sawyer, Milton L. Stacey, Robert L. Van Dyke, Walter J. White, James T. Long, Homer E. Watson, O. W. Patrick, James T. Oman, Fred R. Walker, Roscoe C. McGuire, Elias James Watkins, Plaintiffs, v. JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corporation, successor by merger with Johns-Manville Products Corporation; Owens-Corning Fiberglas Corporation, successor by purchase of Kaylo Division of Owens-Illinois Glass Company; Pittsburgh Corning Corporation, a Pennsylvania Corporation; H. K. Porter Thermoid Division, a Delaware Corporation, Appellants, and RAYBESTOS-MANHATTEN CORPORATION, a Connecticut Corporation; The Celotex Corporation, successor by merger with Panacon Corporation, which was successor by merger of Briggs Manufacturing Company and Philip Carey Corporation; Unarco Industries, Inc., formerly known as Union Asbestos and Rubber Company; Southern Asbestos Company, a Foreign Corporation; Eagle-Picher Industries Inc., an Ohio Corporation, Defendants and Third Party Plaintiffs, v. NEWPORT NEWS SHIPBUILDING AND DRYDOCK COMPANY, Appellee, and The United States of America, Third Party Defendant. John W. WHITE, Ronald M. Cash, Donahue Ellis, Willie A. Gibbons, Thomas J. Hogge, Maurice W. Holloway, Wilon W. Jones, Percy C. Overman, Hugh V. Reynolds, John Lee Roland, Thomas R. Sawyer, Milton L. Stacey, Robert L. Van Dyke, Walter J. White, James T. Long, Homer E. Watson, O. W. Patrick, James T. Oman, Fred R. Walker, Roscoe C. McGuire, Elias James Watkins, Plaintiffs, v. UNARCO INDUSTRIES, formerly known as Union Asbestos and Rubber Company; Raybestos-Manhatten, Inc., a Connecticut Corporation, Appellants, and JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corporation, successor by merger with Johns-Manville Products Corporation; Owens-Corning Fiberglas Corporation, successor by purchase of Kaylo Division of Owens-Illinois Glass Company; Pittsburgh Corning Corporation, a Pennsylvania Corporation; The Celotex Corporation, successor by merger with Panacon Corporation, which was successor by merger of Briggs Manufacturing Company, and Philip Carey Corporation; H. K. Porter Company, Thermoid Division, a Delaware Corporation; Southern Asbestos Company, a Foreign Corporation; Eagle-Picher Industries, Inc., an Ohio Corporation, Defendants and Third Party Plaintiffs, v. NEWPORT NEWS SHIPBUILDING AND DRYDOCK COMPANY, Appellee, and United States of America, Third Party Defendant. John W. WHITE, Ronald M. Cash, Donahue Ellis, Willie A. Gibbons, Thomas J. Hogge, Maurice W. Holloway, Wilon W. Jones, Percy C. Overman, Hugh V. Reynolds, John Lee Roland, Thomas R. Sawyer, Milton L. Stacey, Robert L. Van Dyke, Walter J. White, James T. Long, Homer E. Watson, O. W. Patrick, James T. Oman, Fred R. Walker, Roscoe C. McGuire, Elias James Watkins, Plaintiffs, v. The CELOTEX CORPORATION, successor by merger with Panacon Corporation, which was successor by merger of Briggs Manufacturing Company and Philip Carey Corporation; Eagle Picher Industries, Inc., an Ohio Corporation, Appellants, and JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corporation, successor by merger with Johns-Manville Products Corporation; Raybestos-Manhatten Corporation, a Connecticut Corporation, Owens-Corning Fiberglas Corporation, successor by purchase of Kaylo Division of Owens-Illinois Glass Company; Pittsburgh Corning Corporation, a Pennsylvania Corporation; Unarco Industries, Inc., formerly known as Union Asbestos and Rubber Company; H. K. Porter Thermoid Division, a Delaware Corporation; Southern Asbestos Company, a Foreign Corporation, Defendants and Third Party Plaintiffs, v. NEWPORT NEWS SHIPBUILDING AND DRYDOCK COMPANY, Appellee, and The United States of America, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1981.


Attorney(s) appearing for the Case

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

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

William V. Hoyle, Charles A. Smith, Hoyle Corbett, Hubbard, Smith & Payne, Newport News, Va., on brief for Raybestos-Manhatten, Inc.

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

Allan S. Reynolds, Worth D. Banner, White, Reynolds, Smith & Winters, Norfolk, Va., on brief for Pittsburgh Corning Corp.

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

Archibald Wallace, III, Nathan H. Smith, Albert D. Bugg, Jr., Sands, Anderson, Marks & Miller, Richmond, Va., on brief for H. K. Porter Co.

William B. Eley, Kenneth A. Phillips, Eley, Rutherford & Leafe, Norfolk, Va., on brief for Eagle-Picher Industries, Inc.

Stephen B. Clarkson, Washington, D. C. (Sullivan & Beauregard, J. Mitchell Brown, D. Whitney Thornton, II, Richard H. Saltsman, Washington, D. C., Antje E. Huck, Shannon T. Mason, Mason, Mason, Gibson, Cowardin & Spencer, Newport News, Va., on brief), for appellee.

Before WIDENER, HALL and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Johns-Manville and seven other manufacturers (manufacturers), sued by five persons who claimed that they had contracted asbestosis by working with products of whose hazards they had not been warned by these manufacturers, impleaded as third-party defendant the injured persons' employer, Newport News Shipbuilding & Drydock Company (Newport News) on a third-party claim for indemnification in respect of any liability established...

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