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ADKINS v. GAF CORP.

Nos. 89-3537, 89-3538.

923 F.2d 1225 (1991)

Curtis ADKINS and Mary Adkins, his wife, Plaintiffs-Appellees (89-3537), Cross Appellants (89-3538), v. GAF CORPORATION, et al., Defendants, Asbestos Corporation, Ltd., Defendant-Appellant (89-3537), Cross Appellee (89-3538).

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1991.

Rehearing Denied February 21, 1991.

Attorney(s) appearing for the Case

M. Catherine Lacinak, Kircher & Phalen, Scott E. Knox, Adams, Thienhaus & Knox, Cincinnati, Ohio, Robert L. Jennings, Jr. (argued), Henderson & Goldberg, Pittsburgh, Pa., for Curtis & Mary Adkins.

Michael D. Eagen, Bloom & Greene, Cincinnati, Ohio, for GAF Corp. and Carey Canada, Inc.

Jane E. Garfinkel (argued), John T. Sunderland, Sandra P. Kaltman, Thompson, Hine & Flory, Cincinnati, Ohio, for Asbestos Corp., Ltd.

Before KRUPANSKY, GUY and SUHRHEINRICH, Circuit Judges.

KRUPANSKY, Circuit Judge.

This appeal by the defendant-appellant Asbestos Corporation, Ltd. (ACL) follows a judgment and award of damages to the plaintiffs-appellees Curtis Adkins and Mary Adkins (Adkins). The stock of ACL is owned by a Canadian crown corporation, and, thus, ACL is an instrumentality of a foreign government and not subject to jury trials in the United States. 28 U.S.C. § 1603; 28 U.S.C. § 1330. Since various claims were submitted to the...

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