No. 90-5079.

932 F.2d 947 (1991)

GAF CORPORATION, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 11, 1991.

Suggestion for Rehearing Declined July 30, 1991.

Attorney(s) appearing for the Case

Sidney S. Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, argued, for plaintiff-appellant. With him on the brief, were David G. Bookbinder, Theodore F. Haas and Robert N. Kravitz.

David S. Fishback, Asst. Director, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., J. Patrick Glynn, Director, Eric D. Goulian and Christina M. Humway, Trial Attys.

Before RICH, NEWMAN, and RADER, Circuit Judges.

Suggestion for Rehearing In Banc Declined July 30, 1991.

RADER, Circuit Judge.

In 1944, GAF Corporation's (GAF) predecessor, the Ruberoid Company (Ruberoid), entered contracts with the United States Navy (Navy) to insulate ships with asbestos products. Ruberoid's shipyard workers contracted asbestosis. GAF incurred substantial liability for injuries and death due to these workers' exposure to asbestos.

GAF sued in the United States Claims Court seeking...

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