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GIFFORD v. NATIONAL GYPSUM CO.

No. 83-2619.

753 F.2d 1345 (1985)

Vera Scott GIFFORD, Individually, and as Independent Executrix of the Estate of Earl Gifford, Plaintiff-Appellee, v. NATIONAL GYPSUM COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 1, 1985.

Attorney(s) appearing for the Case

McGinnis, Holmes & Adams, Bryan James McGinnis, Beaumont, Tex., Lawrence T. Hoyle, Jr., Philadelphia, Pa., for defendant-appellant.

Archer, Peterson & Waldner, Marvin B. Peterson, Houston, Tex., Marlin Thompson, Paul Henderson, Orange, Tex., for plaintiff-appellee.

Before GOLDBERG, JOHNSON, and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

Earl Gifford sued National Gypsum Company, contending that asbestos cement flatsheet sold by National Gypsum led to Gifford's contracting mesothelioma, a malignancy of the lungs caused by exposure to asbestos. After Gifford's death in November 1981, his wife was substituted as plaintiff in the case. The case was tried to a magistrate pursuant to 28 U.S.C. § 636(c). By his opinions dated January 27 and September 16, 1983, the magistrate...

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