JOHNS-MANVILLE CORPORATION and Johns-Manville Sales Corporation, Plaintiffs-Appellants,
v.
The UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 25, 1988.
August 25, 1988.
Attorney(s) appearing for the Case
Harvey G. Sherzer, Howrey & Simon, Washington, D.C., argued for plaintiffs-appellants. With him on the brief were Robert M. Bruskin, Lewis M. Barr, James F. Worrall, Charles H. Samel & Patricia A. Ewing. Also on the brief were Robert D. Batson, Nancy E. Stead and Richard E. Meunier, Manville Corp., of Littleton, Colo., of counsel.
H. Michael Semler, Sr. Trial Counsel, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen. Civ. Div., J. Patrick Glynn, Director Torts Branch, Harold J. Engel, Deputy Director Torts Branch, J. Charles Kruse, Special Litigation Counsel, Scott D. Austin, Janet F. Katz, Jane Mahoney and S. Michael Scadron, Trial Attys. Torts Branch.
Joe G. Hollingsworth, Spriggs, Bode & Hollingsworth, Washington, D.C., counsel for amicus curiae Eagle-Picher Industries, Inc., UNR Industries, Inc., and UNARCO Industries, Inc. With him on the brief were William J. Spriggs and Paul G. Gaston. Paul A. Zevnik, Kaye, Scholer, Fierman, Hays & Handler, of Washington, D.C., represented the amicus curiae GAF Corp. With him on the brief were David O. Bickart and Andrew Cohen. Also on the brief were Max Gitter and Stuart M. Cobert, Paul, Weiss, Rifkind, Wharton & Garrison, of New York City, of counsel.
Before MARKEY, Chief Judge, RICH and ARCHER, Circuit Judges, NICHOLS and BENNETT, Senior Circuit Judges.
United States Court of Appeals, Federal Circuit.
PER CURIAM.
This is an appeal from a decision on the merits by the United States Claims Court entered August 6, 1987, and reported as Johns-Manville Corp. v. United States, 13 Cl.Ct. 72 (1987). The Claims Court held Johns-Manville failed to establish an entitlement to recovery on any of the theories of liability tried. We vacate and do not reach the merits.
BACKGROUND
During World War II (WWII) Johns-Manville sold asbestos-containing products...
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