MATTER OF 8TH DIST. ASBESTOS LITIG.


152 Misc.2d 338 (1991)

In the Matter of Eighth Judicial District Asbestos Litigation.

Supreme Court, Erie County.

October 3, 1991


Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria (John N. Lipsitz of counsel), for plaintiffs. Damon & Morey (James M. Kieffer, Charles S. Carra, Peter J. Marlette and Carol Guck Snider of counsel), for Owens Corning Fiberglas Corporation, defendant. McCarter & English (Steven L. Wittels of counsel), for Owens Illinois, Inc., and others, defendants. Smith, Murphy & Schoepperle (Bonnie T. Hager of counsel), for Center for Claims Resolution, defendant. Dixon, DeMarie & Schoenborn (Harry T. Dixon of counsel), for Headman Resources, Ltd., defendant. Hiscock & Barclay (Michael Everett Ferdman of counsel), for Asbestospray Corporation, defendant. Saperston & Day, P. C. (Catherine Habermehl of counsel), for Goulds Pumps, Inc., defendant. Kavinoky & Cook (Courtland R. LaValle of counsel), for Georgia-Pacific Corporation, defendant. Phillips, Lytle, Hitchcock, Blaine & Huber (James W. Whitcomb of counsel), for General Refractories Company, defendant. Lester Schwab Katz & Dwyer (Michelle R. Renna of counsel), for Fibreboard Corporation, defendant. Hagerty & Brady (Thomas V. Hagerty of counsel), for J. H. France Co., defendant. Danaher Tedford Lagnese & Neal, P. C. (Wendy W. Wanchak of counsel), for Pittsburgh-Corning Corporation, defendant. Joan Brooks Alexander for Asbestos Corporation Ltd. and another, defendants.


JAMES B. KANE, J.

Plaintiffs in the Eighth Judicial District asbestos litigation move for a pretrial determination that unspecified portions of the United States Environmental Protection Agency's "Final Rule on Asbestos" (Final Rule), published in the Federal Register on July 12, 1989 (54 Fed Reg 29460) be admitted at future trials.

In support of their motion, plaintiffs cite the "well-recognized exception...

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