IN RE ALL MAINE ASBESTOS LITIGATION (PNS CASES)

No. 84-1779.

772 F.2d 1023 (1985)

In re ALL MAINE ASBESTOS LITIGATION (PNS CASES). Petition of UNITED STATES of America.

United States Court of Appeals, First Circuit.

Decided September 18, 1985.

Opinion on Denial of Rehearing and Rehearing October 30, 1985.


Attorney(s) appearing for the Case

Joseph B. Cox, Jr., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., with whom David S. Fishback, Torts Branch, Civil Div., U.S. Dept. of Justice, Harold J. Engel, Asst. Director, Peter A. Nowinski, Special Litigation Counsel, Washington, D.C., Richard S. Cohen, U.S. Atty., Portland, Me., and Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., were on brief for petitioner.

Jeffrey Silberfeld with whom Rivkin, Leff, Sherman & Radler, James G. Goggin and Verrill & Dana, Portland, Me., were on brief for Pittsburgh Corning Corp.

Mark G. Furey, Portland, Me., with whom Thomas R. McNaboe and Thompson, McNaboe & Ashley, Portland, Me., were on brief for Raymark Industries, Inc.

Edward M. Fogarty, New York City, with whom Donald W. Fowler, Joe G. Hollingsworth, William J. Spriggs, Spriggs, Bode & Hollingsworth, Washington, D.C., John R. Linnell and Linnell, Choate & Webber, Auburn, Maine, were on brief for Eagle-Picher Industries, Inc.

Before COFFIN, BOWNES and TORRUELLA, Circuit Judges.


Opinion on Denial of Rehearing and Rehearing En Banc October 30, 1985.

BOWNES, Circuit Judge.

This interlocutory appeal regarding third-parties' claimed right to proceed against the United States for noncontractual indemnity or contribution constitutes one more step toward a determination of who shall be ultimately liable for the injuries to workers resulting from their exposure to asbestos in the Portsmouth Naval Shipyard (PNS). All of the workers whose injuries...

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