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HERRON v. KEENE CORP.

No. 84-5090.

751 F.2d 873 (1985)

Eileen HERRON, Administratrix of the Estate of Douglas R. Herron, Deceased, Plaintiff-Appellant, v. KEENE CORPORATION and Keene Building Products Corp.; Standard Asbestos Manufacturing & Insulating Co.; Armstrong World Industries; Raybestos-Manhattan, Inc.; Celotex Corporation; Owens-Corning Fiberglass Corp.; Rock Wool Manufacturing Company; Eagle-Picher Industries, Inc.; Forty-Eight Insulation Co.; and Pittsburgh Corning Corp., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1985.

Attorney(s) appearing for the Case

Bryce D. Franklin, Jr. (argued), Williams, Housman, Sparks & Franklin, Paducah, Ky., Robert E. Sweeney, Cleveland, Ohio, for plaintiff-appellant.

Samuel S. Boaz, Paducah, Ky., for Standard Asbestos Mfg.

John David Cole, Cole, Harned & Broderick, Bowling Green, Ky., for Keene Building Products.

James L. Hardy, Hardy, Terrell & Boswell, Paducah, Ky., for Armstrong World Industries.

Kenneth Tuggle, Charles Cassis, Louisville, Ky., for Raybestos-Manhattan, Inc.

Whitlow, Roberts, Houston & Russell, Paducah, Ky., for Celotex Corp.

William B. Byrd, Paducah, Ky., for Owens-Corning.

Boehl, Stopher, Graves & Deindoerfer, Paducah, Ky., Livingston, Dildine, Haynie & Yoder, Fort Wayne, Ind., for Rock Wool.

Robert G. Hunt (argued) Henderson, Ky., for Eagle-Picher.

Holbrook, Gary, Wible & Sullivan, Owensboro, Ky., for Forty-Eight Insulations.

Maubert R. Mills, Madisonville, Ky., for Pittsburg Corning.

John H. Helmers, Owensboro, Ky., for Forty-Eight Insulation.

Before ENGEL and MERRITT, Circuit Judges; and PRATT, District Judge.

PER CURIAM.

Plaintiff appeals from an order of the United States District Court staying all proceedings against defendants herein in her wrongful death diversity action. We reverse.

On August 12, 1980, Mrs. Herron filed a complaint in the U.S. District Court for the Western District of Kentucky, alleging personal injuries to and the wrongful death of her husband as a result of his work-related exposure to products containing asbestos. Mrs. Herron named sixteen...

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