JACKSON v. ANCHOR PACKING CO.

No. 92-1828.

994 F.2d 1295 (1993)

Claudy JACKSON; Katherine Eardey Jackson; Horace H. Griffin; Sylvia Janette Hardy Griffin; John Burrell Thrower, Jr., Plaintiffs-Appellants, Mary Edwards Thrower, Plaintiff, Ruth Janie Marie Isabel Bokker, Individually and for the use and benefit of the next of kin of George Frantz Bokker; Billy Doyle Carr; Opal Jean Whatley Carr; Lavaughen Freeman; Ola Mae Davis Freeman; Johnny Ray Griffin; Janette Roberts Griffin; John Calvin Holloway; Phillis Veneal Wallace Holloway; David Lee Treadaway; Gloria Ann Prichard Treadaway; David Paul White; Sallie Aline Allen White, Plaintiffs-Appellants, v. ANCHOR PACKING CO., a New Jersey Corporation; Garlock, Inc., an Ohio Corporation; Owens Corning Fiberglas Corporation, a Delaware Corporation; John Crane, Inc., also known as Crane Packing Company; A. W. Chesterton Company, a Massachusetts Corporation; Rexnord Corporation, Individually and as successor in interest to P. T. Components, Inc. Stearns Division, A Delaware Corporation; Fibreboard Corporation, A Delaware Corporation; Keene Corporation, Individually and as Successor to Baldwin, Ehret & Hill and Owner of or Successor to Keene Building Products Corporation; Defendants-Appellees, John Does, 1-5, a provider of Talc; John Does, 6-10, a provider of Soapstone; Defendants, Owens-Illinois, Inc., formerly doing business as Owens-Illinois Glass Co.; Defendant-Appellee, John Does, 12-15, a provider of Asbestos Products; Defendant, Georgia Talc Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1993.

Rehearing and Suggestion for Rehearing Denied July 19, 1993.


Attorney(s) appearing for the Case

Michael Rowland, Knoxville, TN, argued for appellants.

Michael D. Carter, Oklahoma City, OK, argued for Georgia Talc Co.; Mark Spitalnik of Denver, CO, argued for Owens-Illinois Inc.; George F. Fitzpatrick, Jr., Chicago, IL, argued for Rexnord Corp.; and Ronald D. Harrison, Ft. Smith, AR, argued for Anchor Packing.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and BATTEY, District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied July 19, 1993.

WOLLMAN, Circuit Judge.

This is a "tireworker" asbestos case arising under the district court's diversity jurisdiction. Ten former employees of the Mohawk Tire and Rubber Company plant in West Helena, Arkansas, ("Mohawk") filed suit against numerous manufacturers of asbestos-containing products.1 After considerable discovery, the district court

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