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MONTE v. NATIONAL GYPSUM CO.

No. 177, Docket 90-6143.

921 F.2d 405 (1990)

Nancy Cassese MONTE, Individually and as Administratrix of the Estate of Albert J. Cassese, Plaintiff-Appellant, v. NATIONAL GYPSUM COMPANY; AC & S Inc.; Armstrong World Industries, Inc., f/k/a Armstrong Cork Co.; The Celotex Co., Individually and as a Successor in Interest to Philip Carey Manufacturing Co., Philip Carey Corp., Briggs Manufacturing Co., Smith & Kanzler Corp., and Panacon Corp.; Eagle-Picher Industries, Inc; GAF Corporation; Nicolet, Inc., Individually and Successor in Interest to Keasbey-Mattison Co.; Raymark Industries Inc., Individually and as Successor in Interest to Raybestos-Manhattan Inc.; Owens-Corning Fiberglas Corp., U.S. Mineral Products Co., H.K. Porter Co., Inc., Individually and Successor to Southern Textile Corp., and Southern Asbestos Co.; The Flintkote Co.; Carey Canada Inc.; Fibreboard Corp.; Rock Wool Manufacturing Co., Inc.; Owens-Illinois Inc.; Turner & Newall, PLC, Individually and as Successor to Keasbey-Mattison Corp.; United States Gypsum Co.; Dana Corp., Individually and as Successor to Smith & Kanzler Co., and Victor Gasket Co.; CertainTeed Corp.; TAF International Ltd., Formerly Turner Asbestos Fibers Ltd., Pittsburgh-Corning Corp., Individually and as Successor to Unarco Ind., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 17, 1990.

Opinion Filed December 11, 1990.

Attorney(s) appearing for the Case

Steven J. Phillips, New York City (Levy Phillips & Konigsberg, New York City, Diane Paolicelli, Alani Golanski, of counsel), for appellant.

Steven Cooper, New York City (Anderson Kill Olick & Oshinsky, P.C., New York City, Frank S. Occhipinti, of counsel), for certain appellees.

Before OAKES, Chief Judge, MESKILL, Circuit Judge, and RESTANI, Judge.

RESTANI, Judge:

Nancy Cassese Monte ("appellant") appeals from an order of the United States District Court for the Eastern District of New York, dated December 29, 1989, Charles P. Sifton, Judge, which granted defendants'1 Motion for Partial Summary Judgment, seeking dismissal of appellant's wrongful death claim based on the applicable statute of limitations. For the following reasons we affirm the trial court's ruling.

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