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STATE EX REL. CSR LTD. v. MacQUEEN

No. 21994.

441 S.E.2d 658 (1994)

190 W.Va. 695

STATE of West Virginia ex rel. CSR LIMITED, Petitioner, v. Honorable A. Andrew MacQUEEN, III, Judge of the Circuit Court of Kanawha County, Clifford Bostic, Raymond Daugherty, Clark Dillon, Andrew Gray, James Harper, Donald Horstman, Herbert Riggs, Robert Shannon, Charles Skiles, Dewey Turley, Orville Windle, Walter Uttermohlan, et al., Respondents.

Supreme Court of Appeals of West Virginia.

Decided February 17, 1994.

Concurring Opinion of Justice Miller April 1, 1994.

Attorney(s) appearing for the Case

Paul M. Friedberg, Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, James McLaughlin, Morgantown, for petitioner.

Scott S. Segal, Segal & Davis, Charleston, Ronald P. Motley, Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, Arthur R. Miller, Cambridge, MA, for respondents.

NEELY, Justice:

CSR Limited (hereinafter "CSR") is a new and unique type of defendant in that black hole of litigation—consolidated asbestos cases. Between 1948 and 1966 CSR was sales agent for its partially-owned subsidiary that mined raw asbestos fibers. The raw asbestos fibers were sold F.O.B. Freemantle, Australia and other ports in Western Australia to Johns Manville Corporation which then delivered them to the United States. Because Johns Manville had...

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