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ZULKOWSKI v. CONSOLIDATED RAIL CORP.

No. 88-5172.

852 F.2d 73 (1988)

Stanley ZULKOWSKI, Sr. & Clara Ruth Zulkowski v. CONSOLIDATED RAIL CORP., Garlock, Inc., Certain-Teed Corporation, Raymark Industries, Inc., a/k/a Raybestos-Manhattan, Inc., the Celotex Corp., Armstrong World Industries and Central Jersey Industries, Inc. Appeal of CENTRAL JERSEY INDUSTRIES, INC.

United States Court of Appeals, Third Circuit.

Decided July 19, 1988.

Rehearing and Rehearing Denied August 11, 1988.

Attorney(s) appearing for the Case

Stanley Weiss, (argued), Carpenter, Bennett & Morrissey, Newark, N.J., for appellant.

Ralph G. Wellington (argued), Margaret S. Woodruff, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee Consol. Rail Corp.

Paul T. Hofmann, Montvale, N.J., Stephen J. Kiely (argued), Thornton & Early, Boston, Mass., for appellees Stanley Zulkowski, Sr., and Clara Ruth Zulkowski.

Before BECKER, STAPLETON, and GREENBERG, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 11, 1988.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

On this appeal we determine whether a former railroad is absolved of liability from a claim by a former employee under the Federal Employers' Liability Act (FELA) for asbestosis becoming manifest subsequent to the reorganization of the railroad pursuant to section 77 of the Bankruptcy Act of 1898, as supplemented by the Regional Rail Reorganization...

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