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HOWELL v. CELOTEX CORP.

No. 89-1822.

904 F.2d 3 (1990)

Joseph D. HOWELL and Ingeborg Howell, his wife, Appellants, v. The CELOTEX CORPORATION, Eagle Picher Industries, Inc., Keene Corporation, Owens Illinois, Inc., GAF Corporation, Fibreboard Corporation, Owens Corning Fiberglas, Garlock, Inc., Raymark Industries, Inc.

United States Court of Appeals, Third Circuit.

Decided May 18, 1990.

Rehearing and Rehearing Denied June 21, 1990.

Attorney(s) appearing for the Case

Daniel G. Childs, Johnson & Childs, Philadelphia, Pa., for appellants.

Carol L. Widemon, McCarter & English, Cherry Hill, N.J., for appellees, Owens Illinois, Inc. and Fibreboard Corp.

John DiSantis, Walter S. Jenkins, Sweeney, Sheehan & Spencer, Philadelphia, Pa., for appellee, Owens Corning Fiberglas Corp.

Bruce H. Bikin, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellee, Celotex Corp.

Robert B. Lawler, Wilbraham & Coleman, Philadelphia, Pa., for appellees, GAF Corp. and Keene Corp.

Before HIGGINBOTHAM, Chief Judge, and COWEN and NYGAARD, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 5, 1990.

Rehearing and Rehearing In Banc Denied June 21, 1990.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

The issue in this diversity action is whether appellant's pleural thickening amounts to a compensable injury under Pennsylvania law, entitling him to a jury charge mandating liability. The district court refused to decide the question as a matter of law and submitted the issue to the jury...

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