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McCLEARY v. ARMSTRONG WORLD INDUSTRIES, INC.

No. 89-5594.

913 F.2d 257 (1990)

Billy McCLEARY and Nancy McCleary, Plaintiffs-Appellees, v. ARMSTRONG WORLD INDUSTRIES, INC. (Successor to Armstrong Cork Co.), et al., Defendants, Celotex Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 4, 1990.

Attorney(s) appearing for the Case

Julie L. Rhoades, Elizabeth M. Thompson, Donald J. Verplancken, Butler & Binion, Houston, Tex., for Celotex Corp.

Brent M. Rosenthal, Russell Wills Budd, Baron & Budd, Dallas, Tex., for Billy and Nancy McCleary.

Before REAVLEY, DUHE and WIENER, Circuit Judges.

REAVLEY, Circuit Judge:

The Celotex Corporation ("Celotex") suffered an adverse jury verdict and judgment in this products (asbestos) liability action decided under Texas law. Celotex contends that the damages award should be reduced by the percentage of responsibility for plaintiff McCleary's injuries that the jury assigned to three companies that McCleary previously had dismissed from the suit. Celotex also contends that it could not be liable for punitive damages...

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