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MENNE v. CELOTEX CORP.

No. 86-2350.

861 F.2d 1453 (1988)

Mary K. MENNE, Personal Representative of the Estate of Donald R. Menne, deceased, Plaintiff/Appellee, v. The CELOTEX CORPORATION, Eagle-Picher Industries, Inc., and Fibreboard Corporation, Defendants/Appellants, Keene Corporation, Owens-Corning Fibreglas Corporation, Owens-Illinois, Inc., Pittsburg Corning Corporation, and Raymark Industries, Inc., Defendants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 26, 1989.

Attorney(s) appearing for the Case

Paul H. Hulsey, Blatt, & Fales, P.A., Charleston, S.C. (Dan L. Wulz, Bryan Lykins Hejtmanek & Wulz, P.A., Topeka, Kan., with him on the brief), for plaintiff/appellee.

Paul E. Vardeman, Polsinelli, White, Vardeman and Shalton, Kansas City, Mo. (James Borthwick, Blackwell Sanders Matheny Weary & Lombardi, Kansas City, Mo., and James D. Griffin, Blackwell Sanders Matheny Weary & Lombardi, Overland Park, Kan., on the briefs), for defendants/appellants.

Before LOGAN, ANDERSON and TACHA, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This case is another in the series of personal injury, diversity cases involving asbestos exposure of naval shipyard employees. The case is confined to the question of manufacturer liability for plaintiff's exposure during and just after World War II. It is a case of first impression in the Tenth Circuit and requires our review of a jury trial in the federal district of Kansas, tried by stipulation under Nebraska law.

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