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SLAUGHTER v. SOUTHERN TALC CO.

No. 90-8701.

949 F.2d 167 (1991)

Gerald S. SLAUGHTER, et al., Plaintiffs, Roma S. Bates, et al., Plaintiffs-Appellants, v. SOUTHERN TALC COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 23, 1991.

Attorney(s) appearing for the Case

Daniel W. Andrews, Mike Davis, Byrd, Davis & Eisenberg, Austin, Tex., for plaintiffs-appellants.

John W. Grund, Ernest E. Staggs, Jr., Tilly & Graves, Denver, Colo., for Owens-Corning Fiberglas Corp.

J. Frank Kinsel, Cantey & Hanger, Ft. Worth, Tex., for Southern Talc.

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

Before POLITZ and HIGGINBOTHAM, Circuit Judges, and PRADO, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Seventeen plaintiff-appellants are employees, former employees, or relatives of employees at the General Tire plant in Waco, Texas. They appeal a summary judgment granted to Southern Talc Co. and Owens-Corning Fiberglass.2 The district court denied substitution on the death of two plaintiffs, and that ruling is also before us.

The district court concluded that there was no jury question regarding...

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