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McVICAR v. STANDARD INSULATIONS, INC.

No. 86-3398.

824 F.2d 920 (1987)

James A. McVICAR, Plaintiff-Appellant, v. STANDARD INSULATIONS, INC., Armstrong World Industries, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 19, 1987.

Attorney(s) appearing for the Case

Richard P. Warfield, J. Michael Papantonio, M. Robert Blanchard, Levin, Warfield, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, Fla., for plaintiff-appellant.

Daniel P. Mitchell, Mitchell, Alley, Rywant & Vessel, P.A., Tampa, Fla., for Raymark.

Raymond T. Elligett, Shackleford, Farrior, Stallings, & Evans, Tampa, Fla., for other defendants-appellees.

Before JOHNSON and CLARK, Circuit Judges and MORGAN, Senior Circuit Judge.

CLARK, Circuit Judge:

This is an appeal from a summary judgment decision in an asbestos product liability action. We must decide whether the statute of limitations of Mississippi or Florida controls this action. The district court applied Florida's four-year statute of limitations and dismissed the action on the basis of an opinion by the Mississippi Supreme Court that has since been withdrawn. The withdrawal requires us to reverse the decision below.

Plaintiff...

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