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OMAN v. JOHNS-MANVILLE CORP.

Nos. 82-1821, 82-2042.

764 F.2d 224 (1985)

James T. OMAN; Fred R. Walker; Willie A. Gibbons, and Hugh V. Reynolds, Appellees, v. JOHNS-MANVILLE CORP.; Johns-Manville Sales Corporation, Successor by merger with Johns-Manville Products Corporation; Raybestos-Manhattan, Inc.; The Celotex Corporation; Unarco Industries, Inc.; H.K. Porter Company; Southern Textile Corporation; Eagle-Picher Industries, Inc.; Owens-Corning Fiberglas Corp., Defendants, and Pittsburgh Corning Corporation, Appellant. James T. OMAN; Fred R. Walker; Willie A. Gibbons and Hugh V. Reynolds, Appellees, v. JOHNS-MANVILLE CORP.; Johns-Manville Sales Corporation, Successor by merger with Johns-Manville Products Corporation; The Celotex Corporation; Unarco Industries, Inc.; Southern Textile Corporation and Eagle-Picher Industries, Inc., Defendants, and Raybestos Manhattan, Inc. (now Raymark Industries, Inc.); H.K. Porter Company and Pittsburgh Corning Corporation, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Archibald Wallace, III, Richmond, Va. (Nathan H. Smith, Sands, Anderson, Marks & Miller, Richmond, Va., John B. King, Jr., Robert L. O'Donnell, Vandeventer, Black, Meredith & Martin, Norfolk, Va., William V. Hoyle, Charles A. Smith, W. Vinton Hoyle, Jr., Hoyle, Corbett, Hubbard & Smith, Newport News, Va., on brief), for appellants.

Joel I. Klein, Washington, D.C. (Paul M. Smith, Onek, Klein & Farr, Washington, D.C., Robert R. Hatten, Patten, Wornom & Watkins, Newport News, Va., Richard S. Glasser, Glasser & Glasser, Norfolk, Va., on brief), for appellees.

Before WINTER, Chief Judge, and WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

In this consolidated appeal we consider whether the federal courts may assert admiralty jurisdiction over manufacturers of products containing asbestos for injuries to land-based ship repair workers which injuries were allegedly caused by exposure to air-borne asbestos fibers. The parties argued this appeal before a three-judge panel on November 1, 1983. On June 6, 1984, this Court, sua sponte, called for an en banc hearing of...

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