DISTRICT OF COLUMBIA v. OWENS-CORNING FIBERGLAS CORPORATION

No. 87-1254.

572 A.2d 394 (1989)

DISTRICT OF COLUMBIA, Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION, et al., Appellees.

District of Columbia Court of Appeals.

Decided August 24, 1989.

Rehearing Granted and Opinion Modified March 8, 1990.

Rehearing En Banc Denied March 8, 1990.


Attorney(s) appearing for the Case

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, with whom Frederick D. Cooke, Jr., Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellant.

Paul A. Zevnik, for appellee GAF Corp., with whom Andrew A. Cohen and L. Elise Dieterich, Washington, D.C., for appellee GAF Corp., and William S. Gardner, Thomas J. O'Brien, and Michel Y. Horton, Washington, D.C., for appellee U.S. Gypsum Co., were on the brief.

John F. Mahoney, Jr., Washington, D.C., entered an appearance for appellee Owens-Corning Fiberglas Corp.

Chris Russo entered an appearance for appellees Celotex Corp. and Carey Canada, Inc.

Richard McMillan, Jr., Washington, D.C., entered an appearance for appellee Eagle-Picher Industries.

Kevin McCormick entered an appearance for appellee Armstrong World Industries.

Quentin R. Corrie, Falls Church, Va., entered an appearance for appellee Keene Corp.

Edgar A. Sabanegh, Fairfax, Va., entered an appearance for appellee Fibre-board Corp.

Andre Jay Graham and Lee H. Ogburn, Baltimore, Md., entered appearances for appellees Southern Textile Corp. and H.K. Porter Co.

John G. Calender, Washington, D.C., entered an appearance for appellee Owens-Illinois, Inc.

Richard W. Boone, Arlington, Va., and Vicki J. Hunt, Rockville, Md., entered appearances for appellee CertainTeed Corp.

Edward J. Lopata, Baltimore, Md., and Dwight D. Murray, Washington, D.C., entered appearances for appellee W.R. Grace and Co.

John M. Bray and Charles B. Wayne, Washington, D.C., entered appearances for appellee Nat. Gypsum Co.

Patrick Mochu entered an appearance for appellee U.S. Mineral Products Co.

Charles R. Bruton, Philadelphia, Pa., and Shelley Spencer entered appearances for appellee Pfizer, Inc.

Theresa Hajost, Washington, D.C., entered an appearance for appellee Georgia-Pacific Corp.

Marianne Eby entered an appearance for appellee Proko Industries, Inc.

Steven D. Cundra and Rochelle Hindman, Washington, D.C., entered appearances for appellee Flintkote Co.

John B. Isbister and William W. Carrier, Baltimore, Md., entered appearances for appellee Raymark Industries, Inc.

Stephen A. Bogorad entered an appearance for appellee Pittsburgh Corning Corp.

Bradley B. Cavedo, Richmond, Va., entered an appearance for appellees Turner and Newall PLC, J.W. Roberts, Ltd., and Turner Asbestos Fibres, Ltd.

Kevin J. McCarthy and Charles E. Gallagher entered appearances for appellee Asbestos Corp., Ltd.

Before MACK, BELSON and TERRY, Associate Judges.


MACK, Associate Judge:

The District of Columbia brought suit, sounding in tort, against thirty-seven miners, manufacturers, sellers and distributors of asbestos, a toxic substance until recently in common use in building construction, to recover removal costs and other damages associated with asbestos installation in roughly 2400 public buildings, including schools, libraries, hospitals, government offices, and public housing. The trial court granted summary judgment...

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