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ROCCO v. JOHNS-MANVILLE CORP.

Nos. 83-1043, 83-1044.

754 F.2d 110 (1985)

John P. ROCCO and Antoinette Rocco, his wife, Appellants in 83-1043, v. JOHNS-MANVILLE CORP.; Johns-Manville Sales Corporation; Raybestos-Manhattan, Inc.; Owens-Corning Fiberglass Corporation; Owens-Illinois Glass Company; Pittsburgh Corning Corporation; GAF Corporation; Celotex Corporation; Unarco Industries, Inc.; H.K. Porter Co., Inc.; Southern Asbestos Company; Eagle-Pitcher Industries, Inc.; Amatex Corporation; Pacor, Inc.; Keene Corporation; Garlock, Inc.; Glen Alden, Inc.; Rapid American Corporation, Inc. v. ASTEN-HILL MANUFACTURING CO., INC.; Certain Teed Corp.; Forty-Eight Insulators, Inc.; Fibreboard Corporation; Nicolet Industries. Appeal of PITTSBURGH CORNING CORP., in 83-1044.

United States Court of Appeals, Third Circuit.

Decided January 25, 1985.

Rehearing and Rehearing Denied March 1 and April 11, 1985.

Attorney(s) appearing for the Case

Marc P. Weingarten (argued), Michael J. Witt, Greitzer & Locks, Philadelphia, Pa., for appellants John and Antoinette Rocco.

John A. Fitzpatrick (argued), Joseph P. Ryan, Edward J. David, Curran, Mylotte, David & Fitzpatrick, Philadelphia, Pa., for appellant Pittsburgh Corning Corp.

Before ADAMS, GIBBONS, and WEIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 1 and April 11, 1985.

OPINION OF THE COURT

WEIS, Circuit Judge.

This asbestos diversity case presents several issues under the Pennsylvania Joint Tortfeasors Act. We hold that payments made to plaintiffs by defendants who are not determined to be joint tortfeasors do not diminish the damages plaintiffs are entitled to recover. However, a release in favor of a joint tortfeasor who files a petition in bankruptcy...

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