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BAUER v. RAYMARK INDUSTRIES, INC.

No. 709, Docket 87-7894.

849 F.2d 790 (1988)

Howard BAUER and Gertrude Bauer, Plaintiffs-Appellants, v. RAYMARK INDUSTRIES, INC., et al., Defendants-Appellees. Gertrude BAUER, Individually and as Executrix of the Estate of Howard Bauer, Plaintiff-Appellant, v. ARMSTRONG WORLD INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 24, 1988.

Attorney(s) appearing for the Case

Steven J. Phillips, New York City (Levy Phillips & Konigsberg, Stanley J. Levy, New York City, of counsel), for plaintiffs-appellants.

Marshall Tinkle, New York City (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, Leonard G. Kamlet, New York City, of counsel), for defendant-appellee Raymark Industries, Inc.

Arthur S. Olick, New York City (Anderson, Russell, Kill & Olick, P.C., John H. Kazanjian, James Walker Smith, New York City, of counsel), for defendants-appellees Armstrong World Industries, Inc., Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corp., Owens-Illinois, Inc., and Pittsburgh Corning Corp.

Before FEINBERG, Chief Judge, PRATT, Circuit Judge, and DORSEY, District Judge for the district of Connecticut, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

This is an appeal in a consolidated action. One action is a wrongful death action brought by the widow of Howard Bauer, individually and as executrix of his estate, for his injuries and death resulting from exposure to asbestos. The other is a personal injury action originally brought by Gertrude and Howard Bauer. For twenty-three years Bauer had been a sheet-metal worker at the Brooklyn Navy Yard. There is no dispute that asbestos...

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