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IN RE ALL ASBESTOS CASES

No. 87-2336.

849 F.2d 452 (1988)

In re ALL ASBESTOS CASES. Palmroy P.K. BUSH, Plaintiff, v. EAGLE-PICHER INDUSTRIES, INC., et al., Defendants/Third-Party-Plaintiffs/Appellees, v. UNITED STATES of America, Third-Party-Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1988.

Attorney(s) appearing for the Case

David S. Fishback, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellant U.S.

Joe G. Hollingsworth, Paul G. Gaston, Gary I. Rubin, Spriggs, Bode & Hollingsworth, Washington, D.C., for appellee Eagle-Picher Industries, Inc.

Harvey G. Sherzer, Robert M. Bruskin, James F.C. Worrall, Howrey & Simon, Washington, D.C., for amicus curiae Johns-Manville Sales Corp.

Before SCHROEDER, NOONAN and O'SCANNLAIN, Circuit Judges.

NOONAN, Circuit Judge:

This case, which at bottom involves serious questions of liability for asbestos, goes off on a jurisdictional question. The result is determined by United States v. Hohri, ___ U.S. ___, 107 S.Ct. 2246, 96 L.Ed.2d 51 (1987). As the case involves a permutation of Hohri, we publish the opinion.

In 1980 Eagle-Picher Industries, Inc. (Eagle-Picher) and other manufacturers of products that contained asbestos were sued in tort...

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