JACKSON v. JOHNS-MANVILLE SALES CORP.

No. 82-4288.

750 F.2d 1314 (1985)

James Leroy JACKSON, Plaintiff-Appellee, v. JOHNS-MANVILLE SALES CORPORATION and Raybestos-Manhattan, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 21, 1985.


Attorney(s) appearing for the Case

Roy C. Williams, Pascagoula, Miss., Lively M. Wilson, Dorothy J. Chambers, Louisville, Ky., John H. Holloman, III, William N. Reed, Jackson, Miss., for defendants-appellants.

Richard F. Pate, Mobile, Ala., Danny E. Cupit, Jackson, Miss., Ronald L. Motley, Barnwell, S.C., Arthur R. Miller, Harvard Law School, Cambridge, Mass., for plaintiff-appellee.

Joseph R. Steele, Port Arthur, Tex., for amicus curiae-Abestos Claimants in the State of Tex.

Adolph J. Levy, New Orleans, La., for amicus curiae-The Ass'n of Trial Lawyers of America.

Broadus A. Spivey, Austin, Tex., for amicus curiae-Broadus A. Spivey.

Before CLARK, Chief Judge, GEE, RUBIN, GARZA, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS and HILL, Circuit Judges.


RANDALL, Circuit Judge:

In this Mississippi diversity case, plaintiff James L. Jackson, a former shipyard worker, seeks recovery of actual and punitive damages against defendants Johns-Manville Sales Corporation, Raybestos-Manhattan, Inc., and H.K. Porter Company, manufacturers of asbestos products, for injuries allegedly caused by the defendants' failure to warn of the dangers associated with exposure to their asbestos products. Following extensive discovery and...

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