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HYER v. PITTSBURGH CORNING CORP.

No. 83-2117.

790 F.2d 30 (1986)

William Leslie HYER, Jr., Appellant, v. PITTSBURGH CORNING CORP., Appellee, and Amatex Corp.; Atlas Asbestos Corp., Ltd.; Armstrong World Industries, Inc.; Armstrong Contract & Supply, Inc.; The Celotex Corp., Empire Ace Insulation Manufacturing Corp., Eagle-Picher Industries, Inc.; Forty-Eight Insulation, Inc.; Pabco Industrial Products Division; The Flintkote Co.; Raybestos-Manhattan, Inc.; Rock Wool Manufacturing Co.; GAF Corp.; Garlock, Inc., Precision Seal Div.; Standard Asbestos Mfg. & Insulating Co.; Johns-Manville Sales Corp.; Johns-Manville Amiante Canada, Inc.; Unarco Industries, Inc.; Keene Corp.; National Gypsum Co.; Crown Cork & Seal Co. Inc.; Nicolet, Inc.; Owens-Corning Fiberglas Corp.; Owens-Illinois, Inc.; H.K. Porter Co., Inc.; Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 7, 1986.

Rehearing and Rehearing Denied June 18, 1986.

Attorney(s) appearing for the Case

Vickie Bletso, Thomas F. Taft (Kenneth E. Haigler, Taft, Taft & Haigler, Greenville, N.C., Joseph F. Rice, Blatt & Fales, Barnwell, S.C., on brief), for appellant.

Richard V. Bennett (Bell, Davis & Pitt, Winston-Salem, N.C., on brief), for appellee.

Before WINTER, Chief Judge, WILKINSON, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 18, 1986.

HARRISON L. WINTER, Chief Judge:

Plaintiff, formerly employed as a fulltime insulator, appeals from the summary judgment entered for Pittsburgh Corning Corporation (Pittsburgh) in his suit alleging that he contracted asbestosis from exposure to asbestos-containing products manufactured by Pittsburgh.1 The district court ruled that plaintiff's suit was barred by a North Carolina...

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