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CONSORTI v. ARMSTRONG WORLD INDUSTRIES, INC.

No. 857, Docket 94-7501.

103 F.3d 2 (1995)

John CONSORTI & Frances Consorti, Plaintiffs-Appellees, v. ARMSTRONG WORLD INDUSTRIES, INC., formerly known as Armstrong Cork Co.; Combustion Engineering, Inc., et al., Defendants, Owens-Corning Fiberglas Corp., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Amended December 22, 1995.

On Remand December 16, 1996.

Attorney(s) appearing for the Case

Steven J. Phillips, New York City (Moshe Maimon, Robert I. Komitor, Alani Golanski, Levy Phillips & Konigsberg, New York City, of counsel), for Plaintiffs-Appellees.

William G. Ballaine, New York City (Mark S. Landman, Joanna L. Watman, Siff Rosen, New York City, of counsel), for Defendant-Appellant.

Before: NEWMAN, Chief Judge, ALTIMARI and LEVAL, Circuit Judges.

PER CURIAM:

By order dated July 1, 1996, the Supreme Court granted certiorari, vacated our judgment, and remanded to us for reconsideration in light of Gasperini v. Center for Humanities, Inc., ___ U.S. ___, 116 S.Ct. 2211, 135 L.Ed.2d 659 (1996).

The procedural history of the Gasperini case was very similar to ours. The district judge denied the defendant's application for remittitur and entered judgment based on the amount of the jury's verdict...

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