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MATTER OF NY CITY ASBESTOS LITIG.

144 Misc.2d 42 (1989)

In the Matter of New York City Asbestos Litigation. Elsie Weitzman et al., Plaintiffs, v. Eagle-Picher Industries et al., Defendants.

Supreme Court, New York County.

May 9, 1989

Attorney(s) appearing for the Case

Davis, Markel & Edwards (George F. Hritz and Lynne E. Johnston of counsel), for Eagle-Picher Industries, defendant. Anderson Russell Kill & Olick (James Walker Smith of counsel), for Asbestos Claims Facility. McCarter & English (Mark Weissman of counsel), for Owens Illinois, Inc. and another, defendants. Kreindler & Kreindler (Melvin I. Friedman of counsel), for plaintiffs.

HELEN E. FREEDMAN, J.

In these motions for summary judgment and cross motions to strike made in connection with the New York City asbestos litigation,* two significant issues are raised. The first issue involves the application of the "military contractor defense", as outlined in Boyle v United Technologies Corp. (487 U.S. 500, 108 S.Ct. 2510...

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