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ROSENBERG v. CELOTEX CORP.

No. 84-1623.

767 F.2d 197 (1985)

Barbara ROSENBERG, Individually, and as Personal Representative of the Heirs and Estate of Stanley Rosenberg, Deceased, Plaintiffs-Appellants, v. The CELOTEX CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 5, 1985.

Attorney(s) appearing for the Case

Frederick M. Baron & Associates, Jane N. Saginaw, Dallas, Tex., for plaintiffs-appellants.

Don W. Kent, Murl E. Smith, Tyler, Tex., for Celotex.

Baker & Botts, Arthur Stamm, Houston, Tex., for Owens-Illinois, Inc.

Vial, Hamilton, Koch, Tabb, Knox & Stradley, Newton J. Jones, Jeffrey S. Lynch, C. Douglas Calvert, Dallas, Tex., for Raybestos-Manhattan.

Joe Michael Russell, Jack K. Smith, Corsicana, Tex., for Eagle-Picher Industries.

Before BROWN, POLITZ and JOLLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This is an appeal from the dismissal of Barbara Rosenberg's suit for wrongful death. At issue are the wrongful death acts of New York1 and Texas,2 two prior New York actions,3 and the effect Texas gives to causes of action arising in foreign jurisdictions held to be time barred in those jurisdictions. We hold that the district court properly dismissed...

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