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DARTEZ v. FIBREBOARD CORP.

No. 83-2504.

765 F.2d 456 (1985)

James M. DARTEZ, Plaintiff-Appellee, v. FIBREBOARD CORPORATION, Celotex Corporation, Pittsburgh Corning Corporation and Owens-Illinois, Inc. and Raymark Industries, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 15, 1985.

Attorney(s) appearing for the Case

Weller, Whellus & Green, George A. Weller, Beaumont, Tex., for Fibreboard.

Benckenstein, Norvell & Bernsen, Lipscomb Norvell, Jr., Beaumont, Tex., for Celotex.

Baker & Botts, F. Walter Conrad, Jr., Arthur Stamm, Houston, Tex., for Owens-Corning.

Butler & Binion, Elizabeth M. Thompson, Houston, Tex., for Raymark Industries.

Grodon R. Pate, Joe Michael Dodson, Beaumont, Tex., for Pittsburgh Corning.

Kronzer, Abraham, Watkins, Nichols, Ballard & Friend, Grant Kaiser, Robert E. Ballard, Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, GOLDBERG, and RUBIN, Circuit Judges.

CLARK, Chief Judge:

Appellants challenge the judgment for Dartez on his claim that he was injured by exposure to the asbestos-containing products they manufactured. We vacate the judgment and remand for a new trial against all appellants except Raymark Industries. The judgment against Raymark is reversed and that corporation is dismissed.

I

James Dartez began working as an insulator using asbestos-containing products in 1957. Except for the year...

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