IN RE ASBESTOS SCHOOL LITIGATION

No. 94-1494.

46 F.3d 1284 (1994)

In re ASBESTOS SCHOOL LITIGATION PFIZER INC., Petitioner, v. The Honorable James T. GILES, Nominal Respondent and Barnwell School District No. 45; School District of Lancaster; Manheim Township School District; Lampeter-Strasburg School District; Board of Education of the Memphis City Schools And A Conditionally Certified Class.

United States Court of Appeals, Third Circuit.

Decided December 28, 1994.


Attorney(s) appearing for the Case

Charles R. Bruton (Argued), Richard W. Foltz, Jr., Maureen E. Lowry, Pepper, Hamilton & Scheetz, Philadelphia, PA, for petitioner, Pfizer Inc.

Harvey S. Kronfeld, Harvey S. Kronfeld, P.C., Bala-Cynwyd, PA, David Berger, Harold Berger, Thomas F. Hughes, Gerald E. Wallerstein, David Berger, Attorneys at Law, Philadelphia, PA, for class-plaintiff.

Arnold Levin, Laurence S. Berman, Levin, Fishbein, Sedran & Berman, Philadelphia, PA, for chair, plaintiffs' Trial and Liability Committee.

Arthur R. Miller (Argued), Cambridge, MA, of counsel for class-plaintiff.

Floyd Abrams (Argued), Allen S. Joslyn, Cahill Gordon & Reindel, New York City, for respondent, W.R. Grace & Co. — Conn.

John H. Lewis, Jr., Joseph B.G. Fay, J. Gordon Cooney, Jr., Morgan, Lewis & Bockius, Philadelphia, PA, for respondent, U.S. Gypsum Co.

George D. Webster, Webster, Chamberlain & Bean, Washington, DC, for the American Soc. of Ass'n Executives.

Stephen J. Imbriglia, Hecker, Brown, Sherry & Johnson, Philadelphia, PA, for respondent, U.S. Mineral Products Co.

Dennis B. Stephens, Schwabland and Ryan, P.C., Philadelphia, PA, for respondent, Asbestospray, Inc.

Before: STAPLETON, ALITO, and LEWIS, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

This is the latest appellate chapter in a lengthy nationwide class action in which more than 30,000 school districts have sought relief from former manufacturers of asbestos-containing building products ("ACBPs") for harm stemming from the installation of ACBPs in their school buildings.1 The current proceeding concerns a petition for a writ of mandamus filed by one of the defendants...

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