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ROHRBAUGH v. OWENS-CORNING FIBERGLAS CORP.

Nos. 90-5205, 90-5206 and 90-5211.

965 F.2d 844 (1992)

Suzan ROHRBAUGH, Barbara Ann Clay, and Debra Mae Ambler, Individually and as Personal Representatives of the Heirs and Estate of Dorothy Mae Palmer, deceased, Plaintiffs-Appellees, v. OWENS-CORNING FIBERGLAS CORPORATION, Defendant, the Celotex Corporation, Defendant-Appellant. Suzan ROHRBAUGH, Barbara Ann Clay, and Debra Mae Ambler, Individually and as Personal Representatives of the Heirs and Estate of Dorothy Mae Palmer, deceased, Plaintiffs-Appellees, v. OWENS-CORNING FIBERGLAS CORPORATION, Defendant-Appellant, the Celotex Corporation, Defendant. Suzan ROHRBAUGH, Barbara Ann Clay, and Debra Mae Ambler, Individually and as Personal Representatives of the Heirs and Estate of Dorothy Mae Palmer, deceased, Plaintiffs-Appellants, v. OWENS-CORNING FIBERGLAS CORPORATION and the Celotex Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 26, 1992.

Attorney(s) appearing for the Case

Scott M. Rhodes (Gerald P. Green, D. Lynn Babb, Frances E. Patton, Scott A. Law, and Larry G. Cassil, Jr., with him on the briefs) of Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, Okl., for defendant-appellant/cross-appellee Owens-Corning Fiberglas Corp.

Kevin T. Gassaway of Morlan and Associates, P.C., Tulsa, Okl., for defendant-appellant/cross-appellee Celotex Corp.

David L. Weatherford (Mark H. Iola and Randall L. Iola, with him on the briefs) of Ungerman & Iola, Tulsa, Okl., for plaintiffs-appellees/cross-appellants.

Before ANDERSON and SETH, Circuit Judges, and SAFFELS, District Judge.

SETH, Circuit Judge.

This products liability suit was brought by Suzan Rohrbaugh, Barbara Ann Clay and Debra Mae Ambler to recover for the alleged wrongful death of their mother, Dorothy Mae Palmer. Mrs. Palmer died of mesothelioma which the Plaintiffs claim was the result of exposure to asbestos containing products manufactured by Defendants/Appellants. On appeal, Appellants challenge the jury instructions given by the district court on Oklahoma manufacturer's products...

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