PACE v. ARMSTRONG WORLD INDUSTRIES, INC.

89-391.

578 So.2d 281 (1991)

Henry Leon PACE, individually and as personal representative of the heirs and estate of Joseph Pace, deceased v. ARMSTRONG WORLD INDUSTRIES, INC., et al.

Supreme Court of Alabama.

March 15, 1991.


Attorney(s) appearing for the Case

Brent M. Rosenthal and Russell W. Budd of Baron & Budd, Dallas, Tex., and S.C. Middlebrooks of Gardner, Middlebrooks & Fleming, Mobile, for appellant.

W. Michael Atchison, E. Martin Bloom and Allan R. Wheeler of Starnes & Atchison, Birmingham, for appellee The Celotex Corp.

Larry L. Simms and Gary M. Kramer of Gibson, Dunn & Crutcher, Washington, D.C., and C. Paul Cavender of Crosby, Saad & Beebe, Mobile, for appellees Fibreboard Corp., Owens-Illinois, Inc. and Pittsburgh Corning Corp.

Jerome A. Cooper, Thomas N. Crawford, Jr., Frederick T. Kuykendall III, Joe R. Whatley and Jay Smith of Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, for amici curiae AFL-CIO of Alabama, Alabama Democratic Conference, Central Alabama Bldg. and Const. Trades Council, Dist. 20, United Mine Workers of America, Dist. 36, United Steelworkers of America, Fifth Dist. Intern. Broth, of Electrical Workers, AFL-CIO, Greater Birmingham Ministries, Jefferson County Citizens Coalition, Intern. Union of Brick Layers and Allied Craftsmen No. 1 of Alabama, Laborers' Local 559, Laborers' Intern. Union of North America, Local Union No. 48, Sheet Metal Workers Intern. Ass'n, Local Union No. 91, United Ass'n of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada, Local Union No. 127, United Broth. of Carpenters and Joiners of America, AFL-CIO.


KENNEDY, Justice.

Pursuant to Rule 18, A.R.App.P., the United States District Court for the Southern District of Alabama certified a question to this Court. We consented to answer the question and ordered the parties to submit briefs containing their arguments. The parties having done so, and the matter having been orally argued to this Court, we will set out the pertinent facts and answer the question.

The certificate issued by the United States District...

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