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IN RE ASBESTOS LITIGATION

Nos. 86-5236, 86-5237 and 86-5370.

829 F.2d 1233 (1987)

In re ASBESTOS LITIGATION. Appeal of RAYMARK INDUSTRIES, INC. Appellant in No. 86-5236. In re ASBESTOS LITIGATION. DANFIELD, et al v. JOHNS-MANVILLE SALES CORP., etc., Appeal of OWENS-ILLINOIS, INC., Keene Corporation, Pittsburgh-Corning Corporation, The Celotex Corporation, Armstrong Cork Company, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, and Fibreboard Corporation, Appellants in No. 86-5237. In re ASBESTOS LITIGATION. John W. GREGORY and Zelda F. Gregory, His Wife, Zelda F. Gregory, Administratrix and Administratrix Ad Prosequendum of the Estate of John W. Gregory, Deceased; Zelda F. Gregory, Individually; and Brian Gregory, a Minor by His Natural Parent and Guardian Zelda F. Gregory v. GENERAL MOTORS CORPORATION, Joseph Doe, Tom Doe, Harry Doe, Robert Doe, Ken Doe, Daniel Doe, Larry Doe, Edward Doe, Sam Doe, Jack Doe, Fred Doe, Vince Doe. Appeal of GENERAL MOTORS CORPORATION, Appellant in No. 86-5370.

United States Court of Appeals, Third Circuit.

Decided September 22, 1987.

As Amended September 28 and October 8, 1987.

Rehearings and Rehearings Denied November 2, 1987.

Attorney(s) appearing for the Case

Kathleen F. Moran, (argued), Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, Livingston, N.J., for appellant Raymark Industries, Inc.

Gita F. Rothschild, (argued), McCarter & English, Newark, N.J., for appellants Owens-Illinois, Inc., et al.

David M. McCann, (argued), Carpenter, Bennett & Morrissey, Newark, N.J., for appellant General Motors Corp.

James C. Gavin, (argued), Gavin & Gavin, P.A., Haddonfield, N.J., for appellees Bruce E. Danfield, et al. and Zelda F. Gregory, et al.

Allan M. Darnell, Christopher M. Placitella, Wilentz, Goldman & Spitzer, P.C., Woodbridge, N.J., for Amicus Curiae, on behalf of various plaintiffs — approximately 1000 individuals.

Before WEIS, BECKER and HUNTER, Circuit Judges.

Rehearings and Rehearings En Banc Denied November 2, 1987.

OPINION OF THE COURT

WEIS, Circuit Judge.

The district court has certified to us the question whether decisions of the New Jersey Supreme Court violate the Equal Protection Clause in abolishing the state-of-the-art defense in asbestos personal injury cases. We determine that a common law precedent announced by a state's highest court is "law" within the meaning of the Equal Protection Clause...

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