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ROEHLING v. NAT. GYPSUM CO. GOLD BOND BLDG.

No. 85-1571.

786 F.2d 1225 (1986)

Grace A. ROEHLING, as Executrix of the Estate of Arthur J. Roehling, Appellant, v. NATIONAL GYPSUM COMPANY GOLD BOND BUILDING PRODUCTS; Owens-Illinois, Inc. and The Celotex Company, Successor-In-Interest to Philip Carey Corporation, Appellees, and Owens-Corning Fiberglas Corp., Successor by Purchase of Kaylo Division of Owens-Illinois Glass Co.; Pittsburgh Corning Corp.; H.K. Porter Co., Inc.; Southern Textile Co.; Eagle-Picher Industries, Inc.; Raymark Industries, Inc.; Porter-Hayden Co.; Philip Carey Corp.; Armstrong Cork Co.; Fibreboard Paper Products Corp.; Combustion Engineering, Inc.; Keene Insulation Co.; Nicolet, Inc. and Garlock, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1986.

Rehearing Denied May 5, 1986.

Attorney(s) appearing for the Case

Thomas J. Pearson (Harold L. Sosebee, Jr., Thomas J. Pearson & Associates and Gerald F. Ragland, Jr., Houston, Tex., on brief), for appellant.

Robert L. O'Donnell (Vandeventer, Black, Meredith & Martin, Becky A. Powhatan, Bruce T. Bishop, Willcox & Savage, P.C., Jerrold G. Weinberg, Weinberg, Stein & Crenshaw, and R. Barrow Blackwell, Kaufman & Canoles, Norfolk, Va., on brief), for appellees.

Before ERVIN and SNEEDEN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

ERVIN, Circuit Judge:

Arthur J. Roehling sued eighteen defendants, alleging personal injuries due to exposure to their asbestos products. Shortly after the filing suit, Roehling died and his wife, Grace A. Roehling, was substituted as plaintiff. The district court granted summary judgment in favor of four defendants; National Gypsum Company; Owens-Illinois, Inc.; GAF Corporation; and The Celotex Corporation. The other fourteen defendants had been previously dismissed...

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