DUBE v. PITTSBURGH CORNING

Nos. 88-1679, 88-1740.

870 F.2d 790 (1989)

Rene A. DUBE, etc., Plaintiff, Appellee, v. PITTSBURGH CORNING, et al., Defendants, Appellees, Owens-Illinois, Inc., et al., Defendants, Third-Party Plaintiffs, Appellants. Rene A. DUBE, etc., Plaintiff, Appellee, v. PITTSBURGH CORNING, et al., Defendants, Appellees, Eagle-Picher Industries, Inc., Defendant, Third-Party Plaintiff, Appellant.

United States Court of Appeals, First Circuit.

Decided March 27, 1989.


Attorney(s) appearing for the Case

Linda A. Monica with whom Peter J. Rubin, Bernstein, Shur, Sawyer & Nelson, Edward S. MacColl, Mark G. Furey and Thompson, McNaboe, Ashley & Bull, Portland, Me., were on brief for appellants Owens-Illinois, Inc., and Raymark Industries, Inc.

Paul G. Gaston with whom Joe G. Hollingsworth, Catherine R. Baumer and Spriggs & Hollingsworth, Washington, D.C., were on brief for appellant Eagle-Picher Industries, Inc.

Scott D. Austin, Torts Branch, Civ. Div., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Civ. Div., J. Patrick Glynn, Director, Torts Branch, Harold J. Engel, Deputy Director, Torts Branch, David S. Fishback and Jay M. Siegel, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., were on brief for the U.S.

Before CAMPBELL, Chief Judge, COFFIN and TORRUELLA, Circuit Judges.


COFFIN, Circuit Judge.

These are consolidated appeals of four manufacturers of asbestos, following judgment for the government on appellants' claims for contribution for asbestos-related damages arising from the Portsmouth Naval Shipyard (PNS) in Kittery, Maine. The trial court1 found that the government was negligent under Maine law in its operation of the shipyard, a government-owned facility. The court found that this negligence was...

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