JUZWIN v. ASBESTOS CORP., LTD.

No. 89-5420.

900 F.2d 686 (1990)

Stephen JUZWIN and Mary Juzwin, his wife v. ASBESTOS CORPORATION, LTD., individually and as successor to Johnson's Company; Carey Canadian Mines; Amtorg Trading Corporation; and Metropolitan Life Insurance Company; Flintkote Mines, Ltd.; Turner & Newall, P.L.C.; John Doe Corporation (a fictitious name representing one or more corporations or companies, engaged in the business of mining, manufacturing, distributing or supplying finished and unfinished asbestos products and fibers to plaintiffs' employer GAF/Ruberoid); Judy Doe Corporations (a fictitious name representing one or more legal entities who stand in the shoes of the John Doe defendants either as successor in interest, alter ego, or by other equitable doctrine which makes them responsible for the John Doe liability). AMTORG TRADING CORP., Third-Party Plaintiff, v. LEONARD J. BUCK, INC., Flintkote Mines, Ltd., National Gypsum Company and Turner & Newall, P.L.C., Third-Party Defendants. and CAREY CANADA, INC., Defendant and Third-Party Plaintiff, v. LAC D'AMIANTE DU QUEBEC LIMITEE, individually and as successor to Lake Asbestos of Quebec, Ltd. and Bell Asbestos Mines Limited, and Leonard J. Buck, Inc., Third-Party Defendant and Fourth-Party Plaintiff. v. ASSOCIATED ORE & METAL CORP., LTD., Fourth-Party Defendant. Appeal of CAREY CANADA, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided April 10, 1990.

Rehearing and Rehearing Denied May 9, 1990.


Attorney(s) appearing for the Case

Andrew T. Berry (argued), Kevin J. Connell, Stephen Marinko, McCarter & English, Newark, N.J., for appellant.

Jane B. Cantor (argued), Frances A. Tomes, Garruto, Galex & Cantor, P.C., East Brunswick, N.J., Peter N. Perretti, Jr., Atty. Gen. of N.J., Mary C. Jacobson, Harry Haushalter (argued), Trenton, N.J., Arthur D. Bromberg, Budd Larner Gross Picillo Rosenbaum Greenberg & Sade, P.C., Short Hills, N.J., David M. Katzenstein, Goldfein & Joseph, P.C., Princeton, N.J., Richard V. Jones, Bressler, Amery & Ross, Morristown, N.J., H. Frank Carpenter, Carton, Nary, Witt & Arvanitis, Asbury Park, N.J., Leon B. Piechta, O'Donnell, Kennedy, Vespole & Piechta, West Orange, N.J., for appellees.

Alan M. Darnell, Wilentz, Goldman & Spitzer, Woodbridge, N.J., for amicus curiae.

Before BECKER, COWEN and SEITZ, Circuit Judges.


Rehearing and Rehearing In Banc Denied May 9, 1990.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Carey Canada, Inc., (defendant) appeals from an interlocutory order of the district court denying its motion for summary judgment based on the New Jersey statute of limitations. The district court concluded that N.J.Stat.Ann. § 2A:14-22 (West 1987) (the "tolling statute") is constitutional. Therefore, defendant...

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