In re BEVERLY HILLS FIRE LITIGATION.
Mary Elizabeth KISER, Individually and as Ancillary Administratrix of the Estate of Paul S. Kiser, deceased, Individually and on behalf of all others similarly situated hereinafter referred to as the Class (80-3320/80-3358/59/60), Plaintiffs-Appellants, Cross-Appellees,
v.
BRYANT ELECTRIC (80-3320),
Cadillac Cable Corporation, General Electric, Hatfield Wire, Leviton, Pass & Seymour, John I. Paulding, Reynolds Metals, Slater Electric, American Insulated Wire, Ettco Wire, Marmon Group, Rhode Island Insulated Wire, Square D (80-3320, 80-3358),
Columbia Cable & Wire Company (80-3320/80-3359),
South Wire Company and Triangle PWC (80-3320/80-3360), Defendants-Appellees, Cross-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued July 9, 1981.
Decided July 21, 1982.
On Petition for Rehearing December 23, 1982.
Attorney(s) appearing for the Case
Stanley M. Chesley (argued), Waite, Schneider, Bayless & Chesley, Cincinnati, Ohio (Philip Taliaferro, III, Larry C. West, J. Gregory Wehrman, William D. Hillmann, G. Wayne Bridges, Covington, Ky., Thomas C. Spraul, Spraul & Reyering, Gene I. Mesh, Louis F. Gilligan and Lanny R. Holbrook, Keating, Muething & Klekamp, Walter Bortz, Beall, Hermanies & Bortz, Cincinnati, Ohio, E. Andre Busald, Florence, Ky., Richard M. Hunt, Dayton, Ohio, on brief; Fay E. Stilz, Cincinnati, Ohio, of counsel), for plaintiff-appellants, cross-appellees Mary Elizabeth Kiser, et al.
Jacob K. Stein (argued), Paxton & Seasongood, Cincinnati, Ohio, for Square D Co. and Slater Elec. Co.
Charles S. Cassis, Brown, Todd & Heyburn, Louisville, Ky., for Bryant Elec.
John David Cole, Cole, Harned & Broderick, Bowling Green, Ky., for Southwire and Triangle PWC.
Louis DeFalaise, Adams, Brooking & Stepner, Covington, Ky., for Columbia Cable & Elec. Corp.
Robert C. Ewald, Wyatt, Grafton & Sloss, Louisville, Ky., for Reynolds Metals.
James Wiles, Wiles, Doucher, Tressler & Van Buren, Columbus, Ohio, for American Insulated Wire, Leviton and Rhode Island Insulated Wire.
Lee O. Fitch, Miller, Searl & Fitch, Portsmouth, Ohio, for Hatfield Wire.
William V. Johnson, Johnson, Cusack & Bell, Ltd., Chicago, Ill., for Marmon Group, Inc.
William T. McCracken, Crabbe, Brown, Jones, Potts & Schmidt, Columbus, Ohio, for General Elec.
W. Andrew Patton, Kohnen & Kohnen, Cincinnati, Ohio, for John I. Paulding.
C. Alex Rose, Curtis, Rose & Parker, Louisville, Ky., for Pass & Seymour.
Before EDWARDS, Chief Judge, ENGEL, Circuit Judge, and WEICK, Senior Circuit Judge.
United States Court of Appeals, Sixth Circuit.
ENGEL, Circuit Judge.
On the evening of May 28, 1977, fire destroyed the Beverly Hills Supper Club in Southgate, Kentucky. One hundred sixty-five patrons and employees perished in the fire and many others were injured. Extensive litigation followed in both the State and Federal courts. Underlying this appeal is a class action commenced in the United States District Court for the Eastern District of Kentucky, based on diversity of citizenship. The class consists of...
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