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COWGILL v. RAYMARK INDUSTRIES, INC.

No. 85-1098.

780 F.2d 324 (1985)

Stella COWGILL, Executrix of the Estate of George Cowgill, deceased and individually, Appellant, v. RAYMARK INDUSTRIES, INC., et al., H.K. Porter Company, Inc., Pacor, Inc., Eagle-Picher Industries, J.P. Stevens & Company, Garlock, Inc., Precision Seal Division, Southern Textile Company, Armstrong World Industries, Inc., Nicolet, Inc., Keene Corporation, Owens-Illinois Glass Company, Celotex Corporation, Gaf Corporation, Fibreboard Corporation, Owens-Corning Fiberglas Corporation, Forty-Eight Insulation, Inc., Pittsburgh Corning Corporation, C.E. Refractories, Appellees, v. PORTER HAYDEN CO., LaFavorite Rubber Mfg. Co., Appellees.

United States Court of Appeals, Third Circuit.

Decided December 30, 1985.

As Amended January 8, 1986.

Attorney(s) appearing for the Case

Robert J. O'Shea, Jr. (argued), Shein, Paul, Reich & Meyers, P.C., Philadelphia, Pa., for appellant.

James F. Hammill, Deborah H. Simon (argued), Nathan A. Schachtman, McCarter & English, Philadelphia, Pa., for Owens-Illinois Glass Co.

Before ADAMS, Acting Chief Judge, and GIBBONS and STAPLETON, Circuit Judges.

OPINION OF THE COURT

ADAMS, Acting Chief Judge.

This appeal in a diversity case presents the question whether appellant's claims under state survival and wrongful death acts were correctly dismissed on statute of limitations grounds.

Appellant's husband, a pipefitter who worked with asbestos-containing products for over thirty years, died shortly before she brought this lawsuit. The district court determined that, based on the undisputed facts in...

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