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WAMMOCK v. CELOTEX CORP.

No. 85-8608.

835 F.2d 818 (1988)

Julian P. WAMMOCK, Plaintiff-Appellee, v. CELOTEX CORPORATION, et al., Defendants, National Gypsum Company, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 15, 1988.

Attorney(s) appearing for the Case

William D. Barwick, Atlanta, Ga., Lawrence T. Hoyle, Jr., Hoyle, Morris & Kerr, Philadelphia, Pa., Mara McRae, Kilpatrick & Cody, A. Stephens Clay, Atlanta, Ga., for defendant-appellant.

Richard H. Middleton, Savannah, Ga., Ron L. Motley, Ann Kimmel, Michael J. Brickman, Charleston, S.C., for plaintiff-appellee.

Gary B. Blasingame, Henry G. Garrard, III, Sidney O. Smith, III, C. Ronald Ellington, Professor of Law, Athens, Ga., for amicus curiae.

Before TJOFLAT and ANDERSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

MORGAN, Senior Circuit Judge:

The panel opinion dated September 8, 1987, is hereby withdrawn and this opinion is substituted in lieu thereof.

The primary issue in this case concerns the applicability under Georgia law of punitive damages in asbestos cases. Appellant/defendant National Gypsum manufactured a joint compound, used to cover seams between sheets of wallboard, that contained asbestos. Appellee/plaintiff Julian P. Wammock, a carpenter, was exposed...

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