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JOHNSTONE v. AMERICAN OIL CO.

No. 92-3063.

7 F.3d 1217 (1993)

Daniel JOHNSTONE, Deceased, Plaintiff, Leslie v. Johnstone, in Her Capacity as the Personal Representative of the Estate of Daniel Johnstone, et al., and the Estate of Daniel Johnstone, Deceased, Plaintiffs-Appellees Cross-Appellants. v. AMERICAN OIL CO., et al., Defendants, Keene Corporation, Defendant-Appellant Cross-Appellee. John HANNON, et al., Plaintiffs, v. WATERMAN STEAMSHIP CORPORATION, et al., Defendants.

United States Court of Appeals, Fifth Circuit.

November 29, 1993.

Attorney(s) appearing for the Case

Daniel J. Mulholland, John D. Cosmich, Forman, Perry, Watkins & Krutz, Jackson, MS, for appellant.

Scott R. Bickford, John Robert Martzell, Regina O. Matthews, Martzell & Thomas, New Orleans, LA, for appellees.

Before JOHNSON, JOLLY, and JONES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Daniel Johnstone, a Jones Act seaman, died of mesothelioma caused by his exposure to asbestos. Although the jury found that the utility of Keene Corporation's asbestos insulation outweighed its risks, the magistrate judge entered judgment notwithstanding the verdict on the ground that Keene's evidence of the utility of its products was irrelevant. Keene appeals from the JNOV and from the allocation of proceeds from the plaintiffs' settlements...

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