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IN RE SCHOOL ASBESTOS LITIGATION

Nos. 90-1125, 90-1126, 90-1185 and 90-1199.

921 F.2d 1310 (1990)

In re SCHOOL ASBESTOS LITIGATION. KAISER GYPSUM COMPANY, INC., Petitioner, v. The Honorable James McGirr KELLY, Nominal Respondent, and Barnwell School District No. 45, Respondent. In re SCHOOL ASBESTOS LITIGATION. UNITED STATES GYPSUM COMPANY, Petitioner, v. The Honorable James McGirr KELLY, Nominal Respondent, and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Respondents. In re SCHOOL ASBESTOS LITIGATION. FIBREBOARD CORPORATION, Petitioner, v. The Honorable James McGirr KELLY, Nominal Respondent, and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Respondents. In re SCHOOL ASBESTOS LITIGATION. W.R. GRACE & CO., Petitioner, v. The Honorable James McGirr KELLY, Nominal Respondent, and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Respondents.

United States Court of Appeals, Third Circuit.

Submitted September 19, 1990.

Decided December 13, 1990.

Rehearing and Rehearing Denied January 9, 1991.

Attorney(s) appearing for the Case

Daniel J. Ryan, Jr., Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., Patrick J. Hagan, Kincaid, Gianunzio, Caudle & Hubert, Oakland, Cal., for petitioner, Kaiser Gypsum Co. Inc.

Joseph B.G. Fay (argued), J. Gordon Cooney, Jr., John H. Lewis, Jr., Andrew D. Leipold, Morgan, Lewis & Bockius, Philadelphia, Pa., for petitioner U.S. Gypsum Co.

Walter R. Milbourne, Timothy W. Callahan, II., Frank M. D'Amore, Saul, Ewing, Remick & Saul, Philadelphia, Pa., for petitioner, Fibreboard Corp.

Denis McInerney, Allen S. Joslyn, Cahill, Gordon & Reidel, New York City, for petitioner, W.R. Grace & Co.

David Berger (argued), Harold Berger, Warren D. Mulloy, Thomas F. Hughes, Berger & Montague, Philadelphia, Pa., Daniel A. Speights, Speights & Runyan, Hampton, S.C., Herbert B. Newberg, Harvey Kronfeld, Gerald E. Wallerstein, Sandra L. Duggan, Philadelphia, Pa., for respondents, Barnwell School Dist. No. 45, School District of Lancaster, Manheim Tp. School Dist., Lampeter-Strasburg School Dist., Bd. of Educ. of the Memphis City Schools, and a Conditionally Certified Class; Charles Alan Wright, Austin, Tex., of counsel.

Before SCIRICA, COWEN and ALDISERT, Circuit Judges.

Nos. 90-1125, 90-1126 and 90-1185 Argued September 19, 1990.

No. 90-1199 Submitted under Third Circuit Rule 12(6) September 19, 1990.

Rehearing and Rehearing In Banc Denied January 9, 1991 in 90-1125.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

These proceedings arise out of an on-going federal diversity class action, In re Asbestos School Litig., 104 F.R.D. 422 (E.D.Pa.1984), aff'd, 789 F.2d 996

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