Steve GRAFFAGNINO, et ux, Plaintiff-Appellant,
v.
FIBREBOARD CORPORATION, et al., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 3, 1986.
February 3, 1986.
Attorney(s) appearing for the Case
Walter Umphrey, Jeff Branick, Greg Thompson, Port Arthur, Tex., for plaintiff-appellant.
George A. Weller, Edward H. Green, R. Lyn Stevens, Beaumont, Tex., for Fibreboard Corp.
Gordon R. Pate, Beaumont, Tex., for Pittsburgh Corning Corp.
Elizabeth M. Thompson, John S. Serpe, Houston, Tex., for Raymoark Ind., Inc.
John Tucker, Beaumont, Tex., for GAF Corp.
Andrew T. McKinney IV, Houston, Tex., for Eagle-Picher Inc., Inc.
Gail C. Jenkins, Beaumont, Tex., for Celotex Corp.
Richard L. Josephson, Arthur Stamm, Houston, Tex.,
Sandra F. Clark, Beaumont, Tex., for Owens-Illinois, Inc.
O.J. Weber, Beaumont, Tex., for Keene Corp.
James H. Powers, Houston, Tex., for Nicolet, Inc.
Before CLARK, Chief Judge, WILLIAMS and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ON PETITION FOR REHEARING
(Opinion November 25, 1985, 5th Cir., 776 F.2d 1307)
PER CURIAM:
I
In our original opinion, we held:
When a plaintiff and his wife have executed a valid release of an asbestos-related claim and the plaintiff dies of an asbestos-caused disease that was diagnosed after the execution of the release, the wife cannot maintain a wrongful death or survival action against the...
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