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RAYTECH CORP. v. WHITE

No. 94-1347.

54 F.3d 187 (1995)

RAYTECH CORPORATION, Appellant, v. Earl WHITE; Yvonne White; Pasquale Dicintio; Marie Dicintio; Larry Benzie, Executor of the Estate of Edward Benzie; Eugene Klingenberger; Margie Klingenberger; John Doe & All Others Similarly Situated; Appellees. Creditors' Committee; Oregon Claimants, (Intervenors in District Court).

United States Court of Appeals, Third Circuit.

Decided May 10, 1995.

Attorney(s) appearing for the Case

William N. Reed (argued), Stuart G. Kruger, Watkins, Ludlam & Stennis, Jackson, MS, for appellant.

Timothy E. Eble (argued), Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, for appellees, Earl White and Yvonne White, and Eugene Klingenberger and Margie Klingenberger.

Jan D. Ginsberg, Robert E. Sweeney, Jr. & Co., Cleveland, OH, for appellee, Larry Benzie, Executor of Estate of Edward Benzie.

Robert F. Carter (argued), Donna Civitello, Carter & Civitello, Woodbridge, CT, David M. Lesser, Woodbridge, CT, for appellees, John Doe, and All Others Similarly Situated.

Michael L. Temin (argued), Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, for intervenors, creditors' committee.

Before SCIRICA, LEWIS and RONEY, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

In this case we must determine whether the appellant, Raytech Corporation ("Raytech"), a corporate offspring of Raymark Industries ("Raymark"), is precluded from relitigating the issue of its successor liability for Raymark's asbestos liabilities. We conclude that Raytech is collaterally estopped from relitigating this issue, and will, accordingly, affirm the district...

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