DARTEZ v. OWENS-ILLINOIS, INC.

No. 89-2646.

910 F.2d 1291 (1990)

James M. DARTEZ, Plaintiff-Appellee, v. OWENS-ILLINOIS, INC., et al., Defendants-Appellants. Richard C. SMITH, Sr., Plaintiff-Appellee, v. OWENS-ILLINOIS, INC., et al., Defendants-Appellants. William B. HARDY, Plaintiff-Appellee, v. OWENS-ILLINOIS, INC., et al., Defendants-Appellants. Cecil OVERSTREET, Plaintiff-Appellee, v. OWENS-ILLINOIS, INC., et al., Defendants-Appellants. John D. BURKE, Plaintiff-Appellee, v. OWENS-ILLINOIS, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 11, 1990.


Attorney(s) appearing for the Case

George T. Shipley, Baker & Botts, Houston, Tex., for Owens-Illinois, Inc.

Jeffrey B. McClure, Donald J. Verplancken, Butler & Binion, Houston, Tex., for Celotex Corp.

R. Lyn Stevens, Weller Whellus & Green, Beaumont, Tex., Thomas M. Peterson, Robert S. Daggett, Brobeck, Phleger & Harrison, San Francisco, Cal., for Fibreboard Corp.

Frank Bean, Bean & Manning, Houston, Tex., for Eagle-Picher Industries, Inc.

Robert E. Ballard, Kronzer, Abraham, Watkins, Nichols, Ballard & Friend, Lawrence Madeksho, Houston, Tex., for all plaintiffs-appellees.

Before POLITZ, JOLLY, and JONES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

James Dartez is before this court in his third attempt to uphold a favorable jury verdict on his claims of injury from asbestos exposure. Companion appellees Hardy, Smith, Overstreet and Burke appear before us a second time in the same predicament. The previous judgments against several asbestos manufacturers were reversed for errors in the admission of evidence. The present judgments are also tainted with evidentiary error. We reverse...

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