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MILLER v. JOHNS-MANVILLE SALES CORP.

Civ. A. No. 81-1003.

538 F.Supp. 631 (1982)

Daylene L. MILLER, Administratrix of Estate of Jerry D. Miller, Deceased; et al., Plaintiffs, v. JOHNS-MANVILLE SALES CORPORATION, Defendant.

United States District Court, D. Kansas.

April 14, 1982.

Attorney(s) appearing for the Case

Kenneth F. Crockett, Tilton, Dillon, Beck & Crockett, Topeka, Kan., and Warner Moore, Warnick & Moore, Wichita, Kan., for plaintiffs.

Lyman Field, Field, Gentry, Benjamin & Robertson, Kansas City, Mo., William H. Seiler, Jr., Robert W. Wise, McPherson, Kan., for defendant.

ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

THEIS, District Judge.

This matter is before the Court on plaintiffs' motion for partial summary judgment on the issue whether the asbestos insulation manufactured by defendant is inherently dangerous. Plaintiffs hope to have Johns-Manville collaterally estopped from disputing that issue on the basis of a judgment rendered in the Eastern District of Texas, and affirmed in Borel v. Fibreboard Paper...

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