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EMIGH v. CONSOLIDATED RAIL CORP.

Civ. A. No. 85-0085.

710 F.Supp. 608 (1989)

Betty J. EMIGH, individually and as Administratrix of the Estate of James R. Emigh, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Penn Central Corporation, Celotex Corporation, Durox Equipment Company, Garlock, Incorporated, Eagle-Picher Industries, and John Crane Company, Incorporated, Defendants.

United States District Court, W.D. Pennsylvania.

April 11, 1989.

Attorney(s) appearing for the Case

Thomas J. Joyce, III, Brobyn & Forceno, Philadelphia, Pa., for plaintiff Betty J. Emigh.

David R. Johnson, Thomson, Rhodes & Cowie, Pittsburgh, Pa., for defendant Celotex Corp.

Harry M. Paras, Pittsburgh, Pa., for defendant John Crane Co., Inc.

MEMORANDUM OPINION

COHILL, Chief Judge.

Presently before us is plaintiff's Motion for a New Trial pursuant to Federal Rule of Civil Procedure 59(a). For the reasons stated below, we will deny plaintiff's motion.

I. BACKGROUND

On January 15, 1983, James R. Emigh died from respiratory failure due to generalized metastasis from squamous cell carcinoma of the lung. From 1942 until 1982, Mr. Emigh had worked as an electrician, machinist, locomotive...

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