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THREADGILL v. ARMSTRONG WORLD INDUSTRIES, INC.

No. 90-3599.

928 F.2d 1366 (1991)

Selena H. THREADGILL, Individually and as Executrix of the Estate of Walter L. Threadgill; Gerald G. Threadgill, Nancy L. Threadgill and Barbara E. Threadgill Ross, children of Walter L. Threadgill, deceased v. ARMSTRONG WORLD INDUSTRIES, INC., formerly known as Armstrong Cork Company; Atlas Turner, Ltd., formerly known as Atlas Asbestos Company, a division of Bell Asbestos Mines, Ltd.; Bell Asbestos Mines Ltd.; Celotex Corporation, Individually and as Successor-in-Interest to the Philip Carey Manufacturing Company, Philip Carey Corporation, Smith and Kanzer, Briggs Manufacturing Company and Panacon Corporation; Carey Canadian Mines, Ltd.; Eagle-Picher Industries, Inc.; Fibreboard Corporation; GAF Corporation, Individually and as Successor-in-Interest to Rubberoid Corporation; H.K. Porter Company, Inc., Individually and as Successor-in-Interest to Rubberoid Corporation; Mattison Company, Bell Asbestos Mines, Ltd. (including its wholly-owned subsidiary Atlas Asbestos Company) and Atlas Turner Ltd.; Selena Threadgill, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 19, 1991.

Attorney(s) appearing for the Case

Robert Jacobs (argued), Jacobs & Crumplar, Wilmington, Del., for appellants.

John C. Phillips, Jr. (argued), Carmella P. Keener, Phillips & Snyder, Wilmington, Del., for appellee Manville Corp. Asbestos Disease Compensation Fund.

Before MANSMANN and SCIRICA, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal requires that we resolve an evidentiary dispute arising in the context of a personal injury action alleging negligence and conspiracy on the part of various manufacturers and distributors of asbestos-containing products. The plaintiffs appeal the district court's denial of their motion for a new trial following a jury verdict in favor of the defendants, contending that the district court erred in...

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