SEA-LAND SERVICE, INC. v. U.S.A.

No. 90-5132

919 F.2d 888 (1990)

SEA-LAND SERVICE, INC., Appellant, v. U.S.A.

United States Court of Appeals, Third Circuit.

Decided November 29, 1990.


Attorney(s) appearing for the Case

Stephen K. Carr (argued), Richard A. Menchini, Sharon Elliot, Haight, Gardner, Poor & Havens, New York City, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J., for appellant.

Stuart M. Gerson, Asst. Atty. Gen., Samuel A. Alito, U.S. Atty., J. Patrick Glynn, Director, David S. Fishbach, Asst. Director, J. Charles Kruse, Sp. Litigation Counsel, Steven M. Talson (argued), Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellee.

Before STAPLETON, COWEN and WEIS, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

In 1979, David W. Swogger brought suit in a state court against five shipowners, including Sea-Land Service, Inc. ("Sea-Land"). Swogger sought recovery for asbestos-caused personal injuries incurred as a result of his service from 1949 to 1978 aboard vessels owned by the five shipowners. After Swogger died in 1980, the suit was converted to a wrongful death action. Sea-Land settled with Swogger's estate in 1985...

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