WILSON v. JOHNS-MANVILLE SALES CORP.

No. 88-2798.

873 F.2d 869 (1989)

Clarence J. WILSON, Plaintiff-Appellant, v. JOHNS-MANVILLE SALES CORP., et al., Defendants, Armstrong World Industries, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 11, 1989.


Attorney(s) appearing for the Case

Robert E. Ballard, Grant Kaiser, Abraham, Watkins, Nichols, Ballard, Onstad & Friend, Lawrence Madeksho, Houston, Tex., for plaitiff-appellant.

Raymond Lyn Stevens, Robert S. Daggett, San Francisco, Cal., Weller, Wheelus & Green, Beaumont, Tex., for Fibreboard Corp.

George T. Shipley, Richard L. Josephson, C. Edward Fowler, Bailey & Williams, Dallas, Tex., Fullbright & Jaworski, Houston, Tex., for Owens-Corning.

Jeffrey B. McClure, Butler, Binion, Rice, Cook & Knapp, Houston, Tex., for Raybestos-Manhattan.

John H. Boswell, Hallmark & Boswell, Houston, Tex., for Armstrong World Industries.

George Shipley, Baker & Botts, Houston, Tex., for Owens-Illinois, Inc.

Elizabeth M. Thompson, Butler & Binion, Houston, Tex., for Raymark Industries, Inc. and Celotex.

Before CLARK, Chief Judge, RUBIN and DAVIS, Circuit Judges.


PER CURIAM:

This appeal involves a consolidated products liability action brought by fifty plaintiffs against nine defendants. More than two years after a judgment was entered in favor of six of the defendants, and following an affirmance of that judgment by this court, plaintiffs filed a motion under Fed.R. Civ.P. 60(b) to set aside the judgment. The district court denied the motion as timebarred. We affirm.

I.

Fifty plaintiffs brought a products...

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