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BURNETTE v. NICOLET, INC.

No. 84-2063.

818 F.2d 1098 (1986)

James E. BURNETTE, Appellant, v. NICOLET, INC.; Eagle-Picher Industries, Inc.; The Celotex Corporation; Owens-Corning Fiberglass Corp.; Keene Corporation; Forty-Eight Insulation, Inc.; National Gypsum Company; Raymark Industries, Inc.; Carey Canada, Inc.; Covil Corporation; Pittsburgh Corning Corporation; H.K. Porter Company, Inc. and North Brothers an Unincorporated Division of National Service Industries, Inc., Appellees, COMBUSTION ENGINEERING, INC.; Amchem, Inc.; Rock Wool Manufacturing Co., Inc.; GAF Corporation; Fibreboard Corporation; Owens-Illinois, Inc.; Amatex Corporation; Unarco Industries, Inc.; Empire Ace Insulation Mfg. Corp.; Atlas Asbestos Company; W.R. Grace & Company; US Mineral Products Corporation and U.S. Gypsum Company, Defendants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 25, 1986.

Attorney(s) appearing for the Case

Mona Lisa Wallace, Salisbury, N.C. (Blatt & Fales, Barnwell, S.C., on brief), for appellant.

Thomas N. Barefoot (Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, N.C., on brief), and Gerard H. Davidson, Jr. (Timothy Peck, Smith, Moore, Smith, Schell & Hunter, Greensboro, N.C., Richard V. Bennett, Bell, Davis & Pitt, Winston-Salem, N.C., on brief), for appellees.

Before PHILLIPS and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Plaintiff James Burnette appeals the district court's grant of two summary judgment motions in favor of defendants and dismissal of all of Burnette's claims. Invoking diversity and admiralty jurisdiction, Burnette filed this action alleging that he contracted asbestosis from exposure to asbestos-containing products manufactured by twenty-six named defendants.1 The district court ruled that plaintiff...

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