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FAGIOLA v. NATIONAL GYPSUM CO. AC & S., INC.

No. 1067, Docket 89-9103.

906 F.2d 53 (1990)

Robert FAGIOLA, as Executor of the Estate of Ernest T. Fagiola, Plaintiff, v. NATIONAL GYPSUM COMPANY AC & S., INC., Armstrong World Industries, Inc., f/d/a Armstrong Cork Co., The Celotex Co., individually and as successor-in-interest to Philip Carey Manufacturing Co., Philip Carey Corp., Briggs Manufacturing Co., Smith & Kanzler Corp., and Panacon Corp., Eagle-Picher Industries, Inc., GAF Corporation, Nicolet, Inc., individually and successor-in-interest to Keasbey-Mattison Co., Raymark Industries, Inc., individually and as successor-in-interest to Raybestos-Manhattan, Inc., Owens-Corning Fiberglas Corp., U.S. Mineral Products Co., H.K. Porter Co., Inc., individually and successor to Southern Textile Corp. and Southern Asbestos Co., The Flintkote Co., Carey Canada, Inc., Fibreboard Corp., Rock Wool Manufacturing Co., Inc., Owens-Illinois, Inc., Turner & Newall, PLC., individually and as successor to Keasbey-Mattison Corp., United States Gypsum Co., Dana Corp., individually and as successor to Smith & Kanzler Co., and Victor Gasket Co., Certainteed Corp., TAF International, Ltd., formerly Turner Asbestos Fibers, Ltd., Pittsburgh-Corning Corp., individually and as successor to Unarco Ind., Defendants. Robert FAGIOLA, as Executor of the Estate of Ernest T. Fagiola, Plaintiff-Appellant, v. EAGLE-PICHER INDUSTRIES, INC., and Owens-Corning Fiberglas Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1990.

Attorney(s) appearing for the Case

Steven J. Phillips (Diane Paolicelli, Levy Phillips & Konigsberg, New York City, of counsel), for plaintiff-appellant.

Franklin B. Velie (James M. Minamoto, Christy & Viener, New York City, of counsel), for defendant-appellee Owens-Corning Fiberglas Corp.

Donna L. Harvey (Arthur D. Bromberg, Picillo Harvey Bromberg & Caruso, Fairfield, N.J., of counsel), for defendant-appellee Eagle-Picher Industries, Inc.

Before OAKES, Chief Judge, WINTER, Circuit Judge, and PATTERSON, District Judge.

WINTER, Circuit Judge:

This is an appeal from a jury verdict in favor of the two defendants-appellees in a multiple-defendant asbestos case. The only issue concerns the admission of the testimony of, and documentary evidence prepared by, a "summary" witness regarding the sale of asbestos products to the General Dynamics Corporation. We conclude that the district court did not err in admitting this evidence and affirm.

BACKGROUND

Appellant Robert...

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