SISTERS OF ST. MARY on behalf of all others similarly situated, Plaintiff-Appellant,
v.
AAER SPRAYED INSULATION, Armstrong Contracting & Supply Corp., now AC & S, Inc., Armstrong World Industries, Inc., formerly Armstrong Cork, a Pennsylvania Corp., Asbestos Corp., Ltd, Bell Asbestos Mines, Ltd, Carey-Canada, Inc., Celotex Corporation, Columbia Accoustics & Fireproofing Co., Combustion Engineering, Inc. a Delaware Corp., Eagle-Picher Industries, Inc. an Ohio Corporation, Fibreboard Corporation, Successor in interest of Pabco, a Delaware Corp., Flintkote Company, a Massachusetts Corp., GAF Corporation, a Delaware Corp., H.K. Porter Co., a Delaware Corp., J.W. Roberts, Ltd, Keene Building Products Corporation, a Delaware Corporation, Keene Corporation, a New York Corporation, Lake Asbestos of Quebec, a/k/a/ Lac D'Amiante du Quebec, National Gypsum Company, a Delaware Corporation, Nicolet, Inc., a Delaware Corp., Successor to Keasbey & Mattison Co., Owens-Corning Fiberglas Corp., a Delaware Corp., Owens-Illinois, Inc. an Ohio Corp., Pfizer, Inc., a Delaware Corp., Pittsburg Corning Corporation, a Pennsylvania Corp., Raymark Industries, formerly Raybestos-Manhattan, Inc., a Connecticut Corp., Southern Textile Corporation, a Delaware Corp., Turner & Newall, Ltd, Turner Asbestos Fibres, Inc., U.S. Gypsum Co., a Delaware Corp., U.S. Mineral Products, a New Jersey Corp., W.R. Grace Co., a Connecticut Corp. and others, presently unknown, Defendants-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Argued April 13, 1989.
Decided July 26, 1989.
Attorney(s) appearing for the Case
For the plaintiff-appellant there were briefs by Richard L. Cates and James A. Olson and Lawton & Cates, S.C., of Madison, and oral argument by James A. Olson.
For the defendant-respondent, Owens-Illinois, Inc., there were briefs by Robert H. Riley and Catherine Masters Epstein of Schiff, Hardin & Waite, of Chicago, Illinois.
For the defendant-respondent, GAF Corporation, there were briefs by James C. Murray, Jr., Patrick J. Lamb and Kirk T. Hartley of Katten, Muchin & Zavis, of Chicago, Illinois, and by Harvey B. Stover, Jr. and James E. Culhane, of Davis & Kuelthau, S.C., of Milwaukee.
For the defendants-respondents, The Celotex Corporation and Carey Canada, Inc., there were briefs by Thomas M. Pyper of Whyte & Hirschboeck, S.C., of Madison, and by Ralph W. Brenner and Larry R. Barron of Montgomery, McCracken, Walker & Rhoads, of Philadelphia, Pennsylvania.
For the defendant-respondent, Fibreboard Corporation, there were briefs by Douglas H. Starck of Riordan, Crivello, Carlson & Mentowski, of Milwaukee.
For the defendant-respondent, Eagle-Picher Industries, Inc., there were briefs by Jeffrey A. Schmeckpeper of Kasdorf, Dall, Lewis & Swietlik, S.C., of Milwaukee.
For the defendant-respondent, Pfizer Inc., there were briefs by Steven Kirschner of Ross & Stevens, S.C., of Madison.
For the defendants-respondents, Columbia Acoustics and Fireproofing Co. and U.S. Mineral Products, there were briefs by Joan Ravelli-Miller of Nash, Spindler, Dean & Grimstad, of Manitowoc.
For the defendant-respondent, Flintkote Co., there were briefs by Richard J. Delacenserie of Boardman, Suhr, Curry & Field, of Madison.
For the defendant-respondent, Pittsburg-Corning Corporation, there were briefs by Rex Capwell of Capwell-Berthelson, of Racine.
For the defendant-respondent, Combustion Engineering, Inc., there were briefs by Robert E. Hankel of Schoone, McManus, Hankel, Ware & Fortune, of Racine.
For the defendant-respondent, Raymark Industries, there were briefs by James B. Brennan, of Brennan & Collins, of Milwaukee.
For the defendant-respondent, Armstrong World Industries, there were briefs by William Corrigan of Menn, Nelson & Sharatt, of Appleton.
For the defendant-respondent, Owens-Corning Fiberglas Corp., there were briefs by Steven W. Celba of Borgelt, Powell, Peterson & Frauen, of Milwaukee.
For the defendants-respondents, H.K. Porter Co. and Southern Textiles, there were briefs by James Samuelson of Godfrey, Trump & Hayes, of Milwaukee, and oral argument by Thomas M. Pyper of Whyte & Hirschboeck, S.C., of Madison.
Before Dykman, Eich and Sundby, JJ.
Court of Appeals of Wisconsin.
DYKMAN, J.
The Sisters of St. Mary (plaintiffs), on behalf of all others similarly situated, appeal from an order denying their motion requesting class certification in their suit against AAER Sprayed Insulation, et al. (defendants). The issue is whether the trial court abused its discretion in denying the class certification motion. Because we conclude it did not, we affirm.
FACTS
Plaintiffs operate hospitals in Wisconsin and in three other states...
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