WILLIS v. CELOTEX CORP.

No. 91-1446.

978 F.2d 146 (1992)

Daniel A. WILLIS; Carolyn W. Willis; Herman L. Mensing, Jr.; Frances K. Mensing; Vincent H. Lewis; Ruby B. Lewis; Elwood F. Hamlet; Lois D. Hamlet, Plaintiffs-Appellees, and Richard L. Taylor; Mary S. Taylor; William F. Cobb; Lillie P. Cobb; Roy B. Bass; Susan R. Bass, Plaintiffs, v. The CELOTEX CORPORATION, Defendant-Appellant, and Owens-Corning Fiberglass Corporation; Eagle-Picher Industries, Inc.; Armstrong World Industries, Inc.; Gaf Corporation; Keene Corporation; Standard Insulations, Inc.; Raymark Industries, Inc.; Owens-Illinois, Inc.; H.K. Porter Company, Inc.; Fibreboard Corporation; Crown Cork & Seal Company, Inc.; Combustion Engineering, Inc.; Pittsburgh Corning Corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1992.


Attorney(s) appearing for the Case

Jeffrey Wayne Warren, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, Fla., argued (Wendy V.E. England, on brief), for defendant-appellant.

Brent Marcus Rosenthal, Baron & Budd, P.C., Dallas, Tex., argued (Jonathan A. Smith-George, Patten, Wornom & Watkins, Newport News, Va., on brief), for plaintiffs-appellees.

Before RUSSELL and WILKINS, Circuit Judges, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.


OPINION

WILKINS, Circuit Judge:

The Celotex Corporation (Celotex) appeals an order of the district court directing The Aetna Casualty & Surety Company (Aetna) to perform as surety on a supersedeas bond posted by Celotex to secure, pending appeal, the payment of judgments entered by the district court against Celotex following a jury verdict in favor of the plaintiffs (Willis). Celotex maintains that the district court erred in permitting execution against...

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