PETERSEN v. CHESAPEAKE & OHIO RY. CO.

Nos. 84-1557, 84-1598.

784 F.2d 732 (1986)

Frederick F. PETERSEN, deceased, and Mary Jane Petersen, individually and as Administratrix of the Estate of Frederick F. Petersen, Plaintiffs-Appellees, Cross-Appellants, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant, Cross-Appellee, and JOHNS-MANVILLE SALES CORPORATION, Third-Party Plaintiff, v. ARMSTRONG CORK COMPANY, the Celotex Corporation, Owens-Corning Fiberglas Corporation, Owens-Illinois Glass Company, Eagle-Picher Industries, Inc., and Garlock, Inc., Third-Party Defendants.

United States Court of Appeals, Sixth Circuit.

Decided February 21, 1986.


Attorney(s) appearing for the Case

W. Fred Hunting, Jr., argued, David M. Thompson, Law, Weathers & Richardson, Grand Rapids, Mich., for defendant-appellant, cross-appellee.

J. Walter Brock, argued, McCroskey, Feldman, Cochrane & Brock, Muskegon, Mich., for plaintiffs-appellees, cross-appellants.

Charles F. Behler, Smith, Haughey, Rice & Roegge, Grand Rapids, Mich., for Armstrong Cork Co.

Ronald E. Wagner, Kitch, Suhreheinrich, Smith, Saurbier & Drutchas, Detroit, Mich., for Owens-Corning Fiberglas Corp.

William K. Holmes, Warner, Norcross & Judd, Grand Rapids, Mich., for Owens-Illinois Glass Co.

Bruce M. Bieneman, Cholette, Perkins & Buchanan, Grand Rapids, Mich., for other third-party defendants.

Before KEITH and MILBURN, Circuit Judges, and HIGGINS, District Judge.


MILBURN, Circuit Judge.

Defendant Chesapeake and Ohio Railway Company (C & O) appeals from a judgment in the amount of $235,500.00 entered on a jury verdict in this action arising from plaintiff's intestate's exposure to asbestos fibers while employed aboard the C & O's car ferries operating on the Great Lakes. Plaintiff, the Administratrix of the Estate of Frederick F. Petersen, deceased, sought recovery under general maritime law and under the Jones Act...

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