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SANTA MARIA v. OWENS-ILLINOIS, INC.

Nos. 85-1621, 85-1624, 86-1260 and 86-1318.

808 F.2d 848 (1986)

Leo F. SANTA MARIA and Joan Santa Maria, Plaintiffs, Appellants, v. OWENS-ILLINOIS, INC., et al., Defendants, Appellees. Leo F. SANTA MARIA and Joan Santa Maria, Plaintiffs, Appellees, v. JOHNS-MANVILLE SALES CORPORATION, et al., Defendants, Appellees. Appeal of EMPIRE ACE INSULATION MANUFACTURING CORPORATION, Defendant, Appellant. ESTATE OF Joseph F. ZAMPITELLA, et al., Plaintiffs, Appellants, v. OWENS-ILLINOIS, INC., et al., Defendants, Appellees. ESTATE OF Joseph F. ZAMPITELLA, et al., Plaintiffs, Appellees, v. OWENS-ILLINOIS, INC., et al., Defendants, Appellees. Appeal of EMPIRE ACE INSULATION MANUFACTURING CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 17, 1986.

Attorney(s) appearing for the Case

Neil T. Leifer with whom Thornton & Early, Boston, Mass., was on brief, for Leo F. Santa Maria and Joan Santa Maria, et al.

Francis M. Lynch with whom Lecomte, Barber, Emanuelson, Tick & Doyle, Boston, Mass., was on brief, for Empire Ace Insulation Mfg. Corp.

Before BOWNES and TORRUELLA, Circuit Judges, and CARTER, District Judge.

GENE CARTER, District Judge.

I. Procedure

Plaintiffs-appellants seek, on this appeal, review of the district court's order of April 1, 1985. The order, entered in the case of Leo F. Santa Maria, et al. v. Owens-Illinois, Inc., et al., Civil No. 80-2642-MA, in the District Court for the District of Massachusetts, grants the motion of defendant Empire Ace Insulation Manufacturing Corp. (hereinafter "Empire-Ace") for summary judgment on the issue...

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