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RADOS v. CELOTEX CORP.

No. 351, Docket 86-7477.

809 F.2d 170 (1986)

Helen J. RADOS, as Administratrix of the Goods, Chattels and Credits which were of Stanley A. Rados, Deceased, and Helen J. Rados, Individually, Plaintiff-Appellant, v. The CELOTEX CORPORATION, Johns-Manville Sales Corporation, Unarco Industries, Inc., Armstrong Cork Company and Nicolet Industries, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 21, 1986.

Opinion January 12, 1987.

Attorney(s) appearing for the Case

Richard P. Weisbeck, Jr., Buffalo, N.Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y., of counsel), for plaintiff-appellant.

Roy Babbit, New York City (Anderson Russell Kill & Olick, P.C., Marcy L. Kahn and Eugene Killian, Jr., New York City, of counsel), for defendants-appellees The Celotex Corporation and Armstrong Cork Company.

Andrew Feldman, Damon & Morey, Buffalo, N.Y., of counsel, for defendant-appellee Nicolet Industries.

Before TIMBERS, VAN GRAAFEILAND and PIERCE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Helen J. Rados appeals from a judgment of the United States District Court for the Western District of New York (Curtin, C.J.), dismissing her wrongful death action pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. Although the jurisdiction of this Court was not challenged by any of the parties, we raised the question of jurisdiction sua sponte at oral argument. See Matarese v. LeFevre, 801 F.2d...

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