CORBALLY v. W.R. GRACE & CO.

No. 92-1540.

993 F.2d 492 (1993)

John E. CORBALLY, James Furman, and Philip Grace, Liquidating Trustees, Plaintiffs-Appellants, v. W.R. GRACE & CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 27, 1993.


Attorney(s) appearing for the Case

Alfred B. Adams, III, Regina Benton Reid, Branch, Pike, Ganz & O'Callaghan, Atlanta, GA, John A. Gilliam, Truman E. Spring, Jenkins & Gilchrist, P.C., Dallas, TX, for plaintiffs-appellants.

Martin Dies, Mary Caroline Parker, Richard C. Hile, Orange, TX, for amicus curiae Texas Political Subdivisions.

Patricia Stevenson Greek, Richard T. Boone, Albert H. Ebert, Jr., Andrews & Kurth, Charles R. Haworth, Scott, Douglas & Luton, Dallas, TX, for defendant-appellee.

Before THORNBERRY, JOLLY and DAVIS, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 27, 1993.

W. EUGENE DAVIS, Circuit Judge:

When asbestos was discovered in 1989 in an office building, Plaintiffs decided to have it removed.1 To recover the high cost of removing the asbestos-containing material, Plaintiffs sued W.R. Grace & Co.-Conn., successor of the Zonolite Company. Zonolite manufactured asbestos-containing fireproofing material (ACM) called ZAP (Zonolite Acoustical...

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