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KREPPEIN v. CELOTEX CORP.

No. 585, Docket 90-7576.

969 F.2d 1424 (1992)

Mary KREPPEIN, individually and as administratrix of the estate of Gustave Urban Kreppein, Plaintiff-Appellee, v. The CELOTEX CORPORATION, individually and as successor-in-interest to Philip Carey Manufacturing Co.; Philip Carey Corporation; Briggs Manufacturing Co.; Smith & Kanzler Corporation and Panacon Corporation; National Gypsum Company; Armstrong World Industries, Inc., formerly known as Armstrong Cork Company; Eagle-Picher Industries, Inc.; Nicolet, Inc., individually and as successor-in-interest to Keasbey-Mattison Company; H.K. Porter Company, Inc., individually and as successor to Southern Textile Corporation and Southern Asbestos Company; Fibreboard Corporation; Owens-Illinois, Inc.; Pittsburgh-Corning Corporation, individually and as successor-in-interest to Unarco Industries; United States Gypsum Company; Raymark Industries, Inc. and United States Mineral Products Company, Defendants, The Celotex Corporation, individually and as successor-in-interest to Philip Carey Manufacturing Co., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 21, 1992.

Attorney(s) appearing for the Case

Andrew T. Berry, Newark, N.J. (McCarter & English, of counsel), for defendant-appellant.

Steven J. Phillips, New York City (Alani Golanski, Moshe Maimon, Levy Phillips & Konigsberg, of counsel), for plaintiff-appellee.

Before: OAKES and WALKER, Circuit Judges, and LEVAL, District Judge.

OAKES, Circuit Judge:

In this products liability case, the Celotex Corporation appeals from a judgment of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, holding Celotex partially liable for Gustave Kreppein's asbestos-related injury and death. 738 F.Supp. 66 (1990). Celotex argues that plaintiff Mary Kreppein, Mr. Kreppein's widow, failed adequately to prove product nexus. It...

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