MALCOLM v. NATIONAL GYPSUM CO.

No. 853, Docket 92-7963.

995 F.2d 346 (1993)

Agnes MALCOLM, individually and as Executrix of the Estate of Robert Malcolm; Elizabeth Jane Brennan, individually and as Executrix of the Estate of John M. Brennan; Virginia Marzocca, individually and as Administratrix of the Estate of Dominick Marzocca; Anne Boos, as Executrix of the Estate of Jonny Schmidt; Patricia King, individually and as Executrix of the Estate of William J. King, Plaintiffs, Roberta Kranz, as Executrix of the Estate of Lee Lewis, Plaintiff-Appellee, v. NATIONAL GYPSUM CO.; AC & S, Inc.; Armstrong World Industries, Inc., formerly known as Armstrong Cork Company; The Celotex Company, individually and as successor-in-interest to Philip Carey Manufacturing Co., Philip Carey Corporation, Briggs Manufacturing Co., Smith & Kanzler Corporation, and Panacon Corporation; Eagle-Picher Industries, Inc.; Garlock, Inc.; GAF Corporation; Empire Ace Insulation Manufacturing Corporation, individually and as successor to Empire Asbestos Company; Nicolet, Inc., individually and as successor-in-interest to Keasbey-Mattison Company; Owens-Corning Fiberglas Corp.; W.R. Grace and Co.; H.K. Porter Company, Inc., individually and as successor to Southern Textile Corporation and Southern Asbestos Company; The Flintkote Company; Carey Canada, Inc.; Fibreboard Corporation; Rock Wool Manufacturing Co., Inc.; Owens-Illinois, Inc., Babcock & Wilcox Company; Turner & Newall, PLC, individually and as successor to Keasbey-Mattison Corporation; United States Gypsum Co.; Dana Corporation, individually and as successor to Smith & Kanzler Company, and Victor Gasket Company; Certainteed Corp TAF International, Ltd., formerly known as Turner Asbestos Fibers, Ltd.; Pittsburgh-Corning Corp., individually and as successor to Unarco Industries; H & A Construction, individually and as successor to Spraycraft Corporation, Defendants, Keene Corporation, individually and as successor-in-interest to the Baldwin-Ehret-Hill Company, Keene Building Products Company, and Ehret Magnesia Manufacturing Company, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 25, 1993.


Attorney(s) appearing for the Case

Richard P. O'Leary, Newark, N.J. (McCarter & English, Newark, N.J., of counsel), for defendant-appellant.

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

Before: TIMBERS, WALKER, and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge:

Keene Corporation appeals from a final judgment of the United States District Courts for the Eastern and Southern Districts of New York (Charles P. Sifton, Judge) awarding plaintiff Roberta Kranz, as the executrix of the estate of Lee Lewis, $226,038.49 for personal injury, wrongful death, and loss of consortium. In re Joint E. & S. Dists. Asbestos Litig., 798 F.Supp. 925 &

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