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BARWICK v. CELOTEX CORP.

No. 83-1479.

736 F.2d 946 (1984)

Arnold G. BARWICK, Appellant, v. The CELOTEX CORPORATION, Keene Corporation, Pittsburgh Corning Corporation, H.K. Porter, Forty-Eight Insulations, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1984.

Attorney(s) appearing for the Case

G. Brinson Williams, Barnwell, S.C. (Joseph F. Rice, Blatt & Fales, Barnwell, S.C., on brief), and Thomas F. Taft, Greenville, N.C. (Vickie Bletso, Taft, Taft & Haigler, Greenville, N.C., on brief), for appellant.

Richard V. Bennett, Winston-Salem, N.C. (William Kearns Davis, Bell, Davis & Pitt, P.A., Winston-Salem, N.C., on brief), J. Victor Bowman, Greensboro, N.C. (Perry Henson, Henson & Henson, Greensboro, N.C., on brief), Thomas N. Barefoot, Manteo, N.C. (James Billings, Smith, Anderson, Blout, Dorsett, Mitchell & Jernigan, Raleigh, N.C., on brief), Fitzhugh E. Wallace, Jr. (Wallace, Barwick, Landis, Rodgman & Bower, P.A., Kinston, N.C.), F. Blackwell Stith, Stith & Stith, New Bern, N.C., on brief), for appellees.

Before ERVIN and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

CHAPMAN, Circuit Judge:

The plaintiff in this diversity action appeals the order of the district court granting summary judgment to the defendants in this action alleging personal injuries due to exposure to asbestos-containing products mined, manufactured and/or sold by defendants. Plaintiff contends that there are genuine issues of material fact as to plaintiff's exposure to defendant's products during the ten year period provided under North Carolina General Statute...

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