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  5. 897 F.2d 626 (1990)
 

IN RE JOINT E. & S. DIST. NEW YORK ASBESTOS LIT.

Nos. 391-394, Dockets 89-7667, 89-7669, 89-7677 and 89-7679.

897 F.2d 626 (1990)

In re JOINT EASTERN AND SOUTHERN DISTRICT NEW YORK ASBESTOS LITIGATION. Elvira GRISPO as Administratrix of the Estate of Joseph Grispo Deceased and Elvira Grispo Individually, Appellees, v. EAGLE—PICHER INDUSTRIES, INC., Appellant. Dominick FUSCO, Appellee, v. EAGLE-PICHER INDUSTRIES, INC., Appellant. Charles Patrick HYNES, Appellee, v. EAGLE-PICHER INDUSTRIES, INC., Appellant. Hyman STONE and Gussie Stone, Appellees, v. EAGLE-PICHER INDUSTRIES, INC., Appellant.

United States Court of Appeals, Second Circuit.

Decided February 20, 1990.

Attorney(s) appearing for the Case

Joe G. Hollingsworth, Washington, D.C. (Paul G. Gaston, Spriggs & Hollingsworth, Washington, D.C., George F. Hritz, Davis, Markel & Edwards, New York City, of counsel), for appellant Eagle-Picher.

Donald I. Marlin, New York City, for appellees Hynes and Grispo.

Stanley J. Levy, New York City, for appellees Stone and Fusco.

Before OAKES, Chief Judge and MINER and RUBIN, Circuit Judges.

OAKES, Chief Judge:

This case, an interlocutory appeal under 28 U.S.C. § 1292(b) (Supp. V 1987), raises an issue of first impression in this Circuit and one of undoubtedly considerable importance to the many people now litigating claims against military contractors for injuries suffered due to asbestos exposure. In Boyle v. United Technologies Corp., 487 U.S. 500, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988), the Supreme Court...

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