Albert LOPEZ and Shirley Lopez, Plaintiffs, and
Raymark Industries, Inc. and Eagle-Picher Industries, Inc., Defendants/Third-Party-Plaintiffs/Appellants,
v.
A.C. & S., Inc.; American Asbestos Textile Corp., a/k/a Amatex Corp.; Armstrong Cork, Inc.; Asarco, Inc.; Carey Canada, Inc.; the Celotex Corp., successor in interest to Philip Carey Manufacturing Co., Philip Carey Corp., Briggs Manufacturing Co., and Panacon Corp.; Combustion Engineering Inc.; Crown Cork & Seal Co.; Fibreboard Corp.; the Flintkote Co.; Forty-Eighty Insulation, Inc.; GAF Corp., successor by merger with Ruberoid Co.; Garlock Inc., Johns-Manville Sales Corp.; J.P. Stevens, Inc.; Keene Corp., successor by merger with Baldwin-Ehert-Hill a/k/a Asten Hill; Nicolet Industries; Owens-Corning Fiberglas Corp.; Owens-Illinois Corp.; Owens Illinois Glass; Pittsburgh Corning Corp.; Raybestos-Manhattan; Southern Textile; Standard Asbestos; Union Asbestos; Rubber Co. a/k/a Unarco Industries, Inc., Defendants,
v.
UNITED STATES of America, Third-Party-Defendant/Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 28, 1988.
September 28, 1988.
Attorney(s) appearing for the Case
Philip A. Talmadge, Karr, Tuttle, Koch, Campbell, Mawer, Morrow & Sax, P.S., Seattle, Wash., and Joe G. Hollingsworth, Spriggs, Bode & Hollingsworth, Washington, D.C., argued for defendants/third-party-plaintiffs/appellants. Allen R. Sakai, of Karr, Tuttle, Koch, Campbell, Mawer, Morrow & Sax, P.S., and Paul G. Gaston and Edward M. Fogarty, Spriggs, Bode & Hollingsworth, were on the brief, of counsel.
David S. Fishback, Sr. Trial Counsel, and H. Michael Semler, Department of Justice, Washington, D.C., argued for third-party-defendant/appellee. With them on the brief were Richard K. Willard, Asst. Atty. Gen., J. Patrick Glynn, Director, Harold J. Engel, Deputy Director, JoAnn J. Bordeaux, Asst. Director and Henry Miller, Trial Atty., Gene S. Anderson, U.S. Atty., and Joseph B. Cox, Jr., Asst. Director, Torts Branch, Civ. Div.
Robert M. Bruskin, James F.C. Worrall and Harvey G. Sherzer, Howrey & Simon, Washington, D.C., Dennis H. Markusson, Robert D. Batson, Nancy E. Stead, and Richard E. Maunier, Manville Corp., Denver, Colo. were on the brief, for amicus curiae Johns-Manville Sales Corp.
Paul A. Zevnik, Kaye, Scholer, Fierman, Hays and Handler, Washington, D.C., and Max Gitter and Stuart M. Cobert, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, were on the brief, for amicus curiae GAF Corp.
Before MARKEY, Chief Judge, RICH and ARCHER, Circuit Judges, and NICHOLS and BENNETT, Senior Circuit Judges.
United States Court of Appeals, Federal Circuit.
NICHOLS, Senior Circuit Judge.
This is a test case,* appealed from the United States District Court for the Western District of Washington (McGovern, C.J.), Civil Action No. C84-155M, representative of numerous claims by present or former workers at the Puget Sound Naval Shipyard (PSNS), or their widows, against companies which supplied to the United States Navy products for insulation on shipboard that contained asbestos. Lopez was a...
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