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CHASE MANHATTAN BANK, N.A. v. CELOTEX CORP.

No. 723, Docket 94-7605.

56 F.3d 343 (1995)

CHASE MANHATTAN BANK, N.A., Plaintiff-Appellant, v. CELOTEX CORPORATION and U.S. Mineral Products Company, Defendants, Dana Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 5, 1995.

Attorney(s) appearing for the Case

Ivan B. Rubin, Levy Phillips & Konigsberg, New York City (Alani Golanski, Levy Phillips & Konigsberg, New York City, Matthew G. Leonard, Robert R. Elliot, III, New York City, of counsel), for plaintiff-appellant.

John D. Briggs, Howrey & Simon, Washington, DC (Helen K. Michael, James G. Kress, Howrey & Simon, Washington, DC, of counsel), for defendant-appellee.

Before: LUMBARD and WINTER, Circuit Judges, and BATTS, District Judge.

WINTER, Circuit Judge:

Chase Manhattan Bank, N.A. ("Chase") appeals from Judge Broderick's grant of summary judgment for Dana Corporation ("Dana"). The underlying dispute concerns damage to a building owned by Chase that has asbestos-containing materials, some of which were allegedly manufactured by Dana. Judge Broderick held that Chase's claim was precluded by the doctrine of res judicata because a substantially identical lawsuit brought by the prior owner...

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