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YUNG v. RAYMARK INDUSTRIES, INC.

No. 85-3301.

789 F.2d 397 (1986)

George A. YUNG, Margaret M. Yung, Plaintiffs-Appellants, v. RAYMARK INDUSTRIES, INC.; Armstrong World Industries, Inc.; Nicolet, Inc.; Eagle Picher Industries, Inc.; The Celotex Corp., successor in interest to Philip Carey Briggs Manufacturing Co.; Panacon Corporation; H.K. Porter Company, Inc.; Southern Textile Corporation; Owens-Illinois Inc.; Turner-Newall Ltd., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 28, 1986.

Attorney(s) appearing for the Case

Michael D. Eagen (argued), Nancy A. Lawson, Dinsmore & Shohl, Cincinnati, Ohio, Thomas M. Green, Green & Green, Dayton, Ohio, for defendants-appellees.

James F. Brockman, Lindhorst & Dreidame, Cincinnati, Ohio, for Nicolet, Inc.

Joseph A. Gerling, Lane, Alton, & Horst, Columbus, Ohio, for Porter Co., Inc. & Southern Textile Corp.

Robert E. Sweeney (argued), Robert P. Sweeney, Robert E. Sweeney Co., L.P.A., Cleveland, Ohio, for plaintiffs-appellants.

Before MARTIN and KRUPANSKY, Circuit Judges, and CHURCHILL, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

In this diversity asbestos-related injury action, George Yung and his wife appeal the denial of a directed verdict and the denial of a judgment notwithstanding the verdict. In a trial solely on the issue of whether the statute of limitations barred the Yungs' suit, the jury found that the action was barred and therefore the issues of liability and damages were not tried. The Yungs argue that the defendants did not produce sufficient...

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