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O'BRIEN v. NATIONAL GYPSUM CO.

Nos. 291, 486, Dockets 89-9111, 89-9117.

944 F.2d 69 (1991)

Angelina O'BRIEN, Individually and as Administratrix of the Estate of Richard O'Brien, Plaintiff-Appellee-Cross-Appellant, v. NATIONAL GYPSUM CO., AC & S, Inc.; Armstrong World Industries, Inc.; The Celotex Company; Eagle-Picher Industries, Inc.; GAF Corporation; Nicolet, Inc.; Raymark Industries Inc.; Owens-Corning Fiberglass Corp.; U.S. Mineral Products Company; H.K. Porter Company, Inc.; The Flintkote Company; Carey Canada, Inc.; Fibreboard Corporation; Rock Wool Manufacturing Co., Inc.; Owens-Illinois, Inc.; Turner & Newall, PLC.; United States Gypsum Company; Dana Corporation; Certainteed Corporation; TAF International, Ltd.; Pittsburgh-Corning Corporation, Defendants, The Celotex Corporation, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 4, 1991.

Attorney(s) appearing for the Case

Andrew T. Berry, Newark, N.J. (McCarter & English, of counsel), for defendant-appellant-cross-appellee.

Diane Paolkelli, New York City (Steven J. Phillips, Alani Golanski, Levy, Phillips & Konigsberg, of counsel), for plaintiff-appellee-cross-appellant.

Before OAKES, Chief Judge, and LUMBARD and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Following a jury trial before Judge Sifton, Celotex Corporation ("Celotex"), the successor entity to Philip Carey Manufacturing Company ("Philip Carey"), a corporation that manufactured asbestos-containing insulation materials, was found liable for the wrongful death of Richard O'Brien. Celotex appeals on two grounds: (i) that the evidence of O'Brien's exposure to Philip Carey products was insufficient to support the jury's verdict; and (ii...

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