GRIMES v. OWENS-CORNING FIBERGLASS CORP.

Nos. 86-2586, 86-2587.

843 F.2d 815 (1988)

John Howard GRIMES, Plaintiff-Appellant, v. OWENS-CORNING FIBERGLASS CORPORATION, a Delaware corporation; Pittsburgh Corning Corporation, a Pennsylvania corporation; Celotex Corporation, a Delaware corporation; Fiberboard Corporation, Pabco Industrial Products Division, a Delaware corporation; Armstrong Cork Company, a Pennsylvania corporation; Eagle-Picher Industries, Inc., an Ohio corporation; Keene Corporation, a Delaware corporation; H.K. Porter Company, Inc., Thermoid Division, a Delaware corporation; Asbestos Textile Institute, an unincorporated trade association, Defendants-Appellees. Doris E. SAUNDERS, Personal Representative, of the Estate of Melvin H. Saunders, Plaintiff-Appellant, and Melvin H. Saunders; Clara Faulk Long, Administratrix and Personal Representative of the Estate of Norman Long; deceased; Eleanor M. Adams, Executrix and Personal Representative of the Estate of Norman Long, deceased; Matilene S. Shank, Executrix and Personal Representative of the Estate of Charles G. Shank, deceased; Kathryn C. Furlough, Executrix and Personal Representative of the Estate of Isaac Furlough, deceased, Plaintiffs, v. PORTER-HAYDEN COMPANY, a Maryland corporation, Defendant-Appellee, and Pittsburgh Corning Corporation, a Pennsylvania corporation; Celotex Corporation, a Delaware corporation; Eagle-Picher Industries, Inc., an Ohio corporation; Owens-Corning Fiberglass Corporation, Keene Corporation, a Delaware corporation; H.K. Porter Company, Inc., Thermoid Division, a Delaware corporation; Raymark Industries, Inc., a Connecticut Corporation; Owens-Illinois Glass Company, an Ohio Corporation; Southern Textile Company, a Delaware Corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 8, 1988.


Attorney(s) appearing for the Case

Joel I. Klein, Washington, D.C., (Christopher D. Cerf, Onek, Klein & Farr, Washington, D.C., Robert R. Hatten, Patten, Wornom & Watkins, Newport News, Va., Richard Glasser, Glasser & Glasser, Norfolk, Va., on brief), for plaintiffs-appellants.

John Y. Perason, Jr. (Willcox & Savage, P.C., Norfolk, Va., Carter A. Anderson, Jr., Anderson & Padrick, Virginia Beach, Va., on brief), for defendants-appellees.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, ERVIN, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.


ERVIN, Circuit Judge:

Plaintiffs Saunders and Grimes appeal from the dismissal of their asbestosis claims as barred under the Virginia statute of limitations. Va.Code Ann. § 8.01-243(A). They contend that the Virginia statute does not apply retroactively to them, rather, admiralty law provides the proper limitations period. Alternatively, plaintiff Saunders argues that an amendment changing the time of accrual...

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