NUTT v. A.C. & S., INC.


466 A.2d 18 (1983)

Earl R. NUTT, et al., Plaintiffs, v. A.C. & S., INC., et al., Defendants. George R. RICKARDS, et al., Plaintiffs, v. A.C. & S., INC., et al., Defendants. Charles MERGENTHALER, et al., Plaintiffs, v. ASBESTOS CORPORATION OF AMERICA, INC., et al., Defendants. Randolph PANNELL, et al., Plaintiffs, v. ASBESTOS CORPORATION OF AMERICA, INC., et al., Defendants.

Superior Court of Delaware, In and For New Castle County.

Decided: August 23, 1983.


Attorney(s) appearing for the Case

Robert Jacobs, and Thomas C. Crumplar, (argued) of Jacobs & Crumplar, Wilmington and William J. Wier, Jr., (argued) of Kreshtool, Wier & Waserstein, Wilmington, for plaintiffs.

Mary Pat Trostle, (argued) of Biggs & Battaglia, Wilmington, for defendants Haveg Industries and Hercules, Inc.

James W. Semple, (argued) of Morris, James, Hitchens & Williams, Wilmington, for defendants Pittsburgh Corning Corp. and Herty Foundation.

Catherine B. Hagerty, Rick A. Harrington, and Edward W. Schall, of E.I. du Pont de Nemours and Company, Wilmington and Thomas L. Morrissey, (argued) of Carpenter, Bennett & Morrissey, Newark, N.J., of counsel, for defendant E.I. du Pont de Nemours and Co.

Jeffrey S. Marlin, of Tybout, Redfearn, Casarino & Pell, Wilmington, for defendant Southern Textile.

Douglas B. Catts, of Schmittinger & Rodriguez, Dover, for defendant Celotex Corp.

Roger A. Akin, of H. Murray Sawyer, Jr., P.A., Wilmington, for defendant Pacor, Inc.

James T. McKinstry, of Richards, Layton & Finger, Wilmington, for defendant Owens-Corning Fiberglas Corp.

Stuart B. Young, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendants Fibreboard Corp. and Hollingsworth & Vose Co.

Richard P.S. Hannum, of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for defendants Keene Corp. and Gale Corp.

Samuel R. Russell, of Biggs & Battaglia, Wilmington, for defendant A. C. & S., Inc.

Howard M. Berg, of Howard M. Berg & Associates, P.A., Wilmington, for defendant Nicolet, Inc.

J.R. Julian, of J.R. Julian Professional Association, Wilmington, for defendant GAF Corp.

Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, for defendant Lake Asbestos of Quebec, Ltd.

John C. Phillips, Jr., Wilmington, for defendants Mead Paper Specialty and Powhatan Mining Co.


WALSH, Judge.

These four cases have been consolidated for the purpose of deciding certain common issues. They involve claims by present or former asbestos workers and their spouses against employers and third parties who allegedly supplied asbestos products to which the plaintiff employees were exposed during the course of their employment. The employer-defendants, E.I. du Pont de Nemours and Company (du Pont) and Haveg Industries...

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