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WINGO v. CELOTEX CORP.

No. 86-1232.

834 F.2d 375 (1987)

Cecil S. WINGO, Sr., Plaintiff, v. The CELOTEX CORPORATION, Defendant-Appellant, Norfolk & Western Railway Company, Defendant-Appellee. and KEENE CORPORATION; GAF Corporation; Garlock Inc.; Nicolet Inc; Southern Textile Corporation; H.K. Porter, Inc; American Optical Co; Auto Spring & Bearing Company, and its Successor in interest to Johnson Enterprises, Inc.; Babcock & Wilcox Co; Blue Ridge Talc Co., Inc.; Certain Teed Corporation; Crane Co; General Electric Company; Goodyear Tire & Rubber Co.; Graybar Electric Co; Koppers Co; WEM Inc; Westinghouse Electric Corporation; Acme Manufacturing & Casket Co.; Anchor Packing Co; Atlas Turner, Inc.; Dana Corporation; E.A. Kinsey Co.; Earl B. Beach Co., Defendants, v. JOHNSON ENTERPRISES, INC.; National Asbestos Co.; TNT Liquidating Co.; Tannetics, Inc.; U.S. Gypsum; Uniroyal, Inc.; Vellumoid, Inc.; John Crane-Houdaille, Inc.; Raymark Industries, Inc. Third Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1987.

Attorney(s) appearing for the Case

Robert Elkin Payne (David Craig Landin, Deborah M. Russell, Kenneth F. Hardt, McGuire, Woods, Battle & Booth, Richmond, Va., on brief), for defendant-appellant.

William Beverly Poff (James W. Jennings, Jr., Bradley W. Fitzgerald, D. Stan Barnhill, Frank K. Friedman, Woods, Rogers & Hazelgrove, Roanoke, Va., on brief), for defendant-appellee.

Before WIDENER, PHILLIPS, and ERVIN, Circuit Judges.

WIDENER, Circuit Judge:

The Celotex Corporation appeals from the judgment of the district court granting the motion of the Norfolk & Western Railway Company for indemnity against Celotex. We are of opinion that the district court erred, and we reverse.

The original plaintiff in this case, Cecil Wingo, Sr., sued N & W and various manufacturers (including Celotex) to recover damages for injuries incurred due to his exposure to asbestos while employed...

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