HORNE v. OWENS-CORNING FIBERGLAS CORP.

No. 92-2220.

4 F.3d 276 (1993)

Linda P. HORNE, Executrix of the Estate of Benny Gerald Horne, Plaintiff-Appellant, and Benny Gerald Horne, Plaintiff, v. OWENS-CORNING FIBERGLAS CORPORATION, a Delaware Corporation, Defendant-Appellee, and AC & S, Incorporated, a Pennsylvania Corporation; Amchem Products, Incorporated; the Celotex Corporation, Individually and as Successor Manufacturing Company, Philip Carey Corporation, Panacon Corporation, Glen Alden Corporation, Rapid American Corporation, Briggs Manufacturing Company, and Smith and Kanzler, a Delaware Corporation; C.E. Thurston & Sons, a Virginia Corporation; Combustion Engineering, Incorporated; Crown Cork & Seal Company, Incorporated, Individually and as Successor in Interest to Mundet Cork Corporation, a New York Corporation; Eagle-Picher Industries, Incorporated, an Ohio Corporation; Flintkote Company, a Massachusetts Corporation; Fireboard Corporation, Pabco Industrial Products Division, a Delaware Corporation; GAF Corporation, a Delaware Corporation; W.R. Grace & Company, a Connecticut Corporation; A.P. Greene Refractories Company; Keene Corporation, Individually and as Successor in Interest to Keene Building Products Corporation, Keene Insulation Products Corporation, Ehret-Magnesia Manufacturing Company, Baldwin-Ehret-Hill, Incorporated, Baldwin-Hill Company, and Mundet Cork Corporation, a New York Corporation; National Gypsum Company, a Delaware Corporation; Owens-Illinois, Incorporated, an Ohio Corporation; Pittsburgh-Corning Corporation, Individually and as Successor in Interest to Union Asbestos and Rubber Company (UNARCO), a Pennsylvania Corporation; H.K. Porter Company, Incorporated, Individually and as Successor in Interest to Southern Asbestos, Carolina Asbestos, Thermoid and Tullman-McCluskey, a Delaware Corporation; Raymark Industries, Incorporated, Successor in Interest to Raybestos-Manhattan, Incorporated; Rock Wool Manufacturing Company, Incorporated, an Alabama Corporation; Turner & Newall, P.L.C., Individually and as alter ego of Keasby & Mattison; United States Gypsum Company, Inc.; Armstrong World Industries, Incorporated, formerly known as Armstrong Cork Company, a Pennsylvania Corporation, Defendants. GENERAL REFRACTORIES/GREFCO, INCORPORATED, U.S. REFRACTORIES DIVISION, Defendant and Third Party Plaintiff, v. MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 1993.


Attorney(s) appearing for the Case

John Alan Jones, Michaels & Jones Law Offices, P.A., Raleigh, NC, argued, for plaintiff-appellant.

Raymond Harry Modesitt, Wilkinson, Goeller, Modesitt, Wilkinson & Drummy, Terre Haute, IN, Alexander McMillan Bullock, Haynsworth, Marion, McKay & Guerard, Greenville, SC, argued (James B. Pressly, Jr., Haynsworth, Marion, McKay & Guerard, Greenville, SC, on brief), for defendant-appellee.

Before ERVIN, Chief Judge, PHILLIPS, Circuit Judge, and BUTZNER, Senior Circuit Judge.


OPINION

ERVIN, Chief Judge:

Linda P. Horne, together with her husband Benny Gerald Horne, initiated this products liability action against Owens-Corning Fiberglas Corporation ("Owens-Corning") and numerous other asbestos manufacturers,1 alleging that Benny Horne's exposure to insulation manufactured by Owens- Corning and containing asbestos caused him to contract lung cancer. After Benny...

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