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SOUDER v. OWENS-CORNING FIBERGLAS CORP.

Nos. 90-5103, 90-5382.

939 F.2d 647 (1991)

Lila Mae SOUDER, Trustee of the Cause of Action for Wrongful Death of Wesley Elmer Souder, Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION; Eagle-Picher Industries, Inc.; Armstrong Cork Company; GAF Corporation, former Ruberoid Corp.; Appellees, Nicolet Industries, Inc., formerly Sall Mountain Company; Fibreboard Paper Products, Corp., formerly Pabco; The Celotex Corp.; Appellees, Raymark Industries, Inc., formerly Raybestos Manhattan, Inc.; Southern Textile, formerly Southern Asbestos Co., Keene Corporation; Combustion Engineering; Pittsburgh Corning Corp.; Owens-Illinois Corp., Appellees. OWENS CORNING FIBERGLAS CORPORATION, The Celotex Corporation; Atlas Turner, Inc.; Eagle Picher Industries, Inc.; Fibreboard Corporation; Owens-Illinois, Inc.; and Pittsburgh Corning Corporation, v. MANVILLE CORPORATION ASBESTOS, DISEASE COMPENSATION FUND. Lila Mae SOUDER, Trustee of the Cause of Action for Wrongful Death of Wesley Elmer Souder, Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION; Eagle-Picher Industries, Inc.; Armstrong Cork Company; GAF Corporation, formerly Ruberoid Corp.; Nicolet Industries, Inc., formerly Sall Mountain Company; Fibreboard Paper Products Corp., formerly Pabco; The Celotex Corp.; Raymark Industries, Inc., formerly Raybestos Manhattan, Inc.; Southern Textile, formerly Southern Asbestos Co.; Keene Corporation; Combustion Engineering; Pittsburgh Corning Corp.; Owens-Illinois Corp.; and Manville Corporation Asbestos Disease Compensation Fund, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1991.

Attorney(s) appearing for the Case

Barbara Louisell, Duluth, Minn., argued (John D. Hagen, Jr., Minneapolis, Minn., on brief), for appellant.

Todd Koebele, St. Paul, Minn., argued (Jacqueline A. Gaddie, Dale O. Thornsjo and Kirk O. Kolbo, Minneapolis, Minn., and James E. Moon and Timothy C. Godfrey, St. Paul, Minn., on brief), for appellees.

Before LAY, Chief Judge, and McMILLIAN and ARNOLD, Circuit Judges.

LAY, Chief Judge.

Lila Mae Souder appeals the district court's1 order granting summary judgment in favor of a group of asbestos manufacturers in a wrongful death case. Souder's husband, Wesley, was a pipefitter who died of lung cancer, allegedly caused by exposure to asbestos products on the job. On defendants' motions for summary judgment, the district court dismissed ten defendants from the case and certified the judgments as final....

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