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COVALT v. CAREY CANADA, INC.

No. 90-3126.

950 F.2d 481 (1991)

Cleremont L. COVALT and Ahnighita M. Covalt, Plaintiffs-Appellants, v. CAREY CANADA, INC. and Union Carbide Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 1991.

Attorney(s) appearing for the Case

Timothy E. Eble, Ness, Motley, Loadholt, Richardson & Poole, Barnwell, S.C. and Stephen L. Williams (argued), Mann, Chaney, Johnson, Goodwin & Williams, Terre Haute, Ind., for plaintiffs-appellants.

Michael A. Bergin (argued), Julia M. Blackwell, Karl M. Koons, III, Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., Raymond H. Modesitt, Patrick, Gabbert, Wilkinson, Goeller & Modesitt, Terre Haute, Ind., for defendant-appellee.

Before CUDAHY and MANION, Circuit Judges, and WILL, Senior District Judge.

WILL, Senior District Judge.

Plaintiff Cleremont L. Covalt filed suit against Union Carbide Corporation and Carey Canada, Inc. in February, 1986 alleging personal injuries due to exposure to asbestos. In February, 1987 defendants moved for summary judgment based on the statute of limitations. That motion was denied, and the appeal of that denial to this court delayed the proceedings below until we affirmed in January, 1990. Union Carbide filed an alternative motion...

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