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GRAFFAGNINO v. FIBREBOARD CORP.

No. 85-2146 Summary Calendar.

776 F.2d 1307 (1985)

Steve GRAFFAGNINO, et ux., Plaintiff-Appellant, v. FIBREBOARD CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 25, 1985.

Attorney(s) appearing for the Case

Walter Umphrey, Jeff Branick and Greg Thompson, Port Arthur, Tex., for plaintiff-appellant.

George A. Weller, Edward H. Green and R. Lyn Stevens, Beaumont, Tex., for Fibreboard Corp.

Gordon R. Pate, Beaumont, Tex., for Pittsburgh Corning Corp.

Elizabeth M. Thompson and John S. Serpe, Houston, Tex., for Raymoark Ind., Inc.

John Tucker, Beaumont, Tex., for GAF Corp.

Andrew T. McKinney III, Houston, Tex., for Eagle-Picher Ind., Inc.

Gail C. Jenkins, Beaumont, Tex., for Celotex Corp.

Richard L. Josephson and Arthur Stamm, Houston, Tex., and Sandra F. Clark, Beaumont, Tex., for Owens-Illinois, Inc.

O.J. Weber, Beaumont, Tex., for Keene Corp.

James H. Powers, Houston, Tex., for Nicolet, Inc.

Before CLARK, Chief Judge, and WILLIAMS and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Under Texas law, exposure to asbestos can give rise to only a single cause of action for all injuries that are caused by that exposure, whether or not all the injuries have become manifest at the time the cause of action accrues. When a plaintiff and his wife have executed a valid release of an asbestos-related claim and the plaintiff dies of an asbestos-caused disease that was diagnosed after the execution of the release, the wife cannot maintain a wrongful...

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