JONES v. OWENS-CORNING FIBERGLAS CORP.

Nos. 94-1861, 94-1862.

69 F.3d 712 (1995)

Vera JONES, Executrix of the Estate of James Jones, Plaintiff-Appellee, and James Jones, Plaintiff, v. OWENS-CORNING FIBERGLAS CORPORATION, a Delaware Corporation, Defendant-Appellant, and AMCHEM PRODUCTS, INCORPORATED; Armstrong World Industries, Incorporated, formerly known as Armstrong Cork Company; Carey Canada, Incorporated; The Celotex Corporation, Individually and as successor-in-interest of Philip Carey Manufacturing Company, Philip Carey Corporation, Panacon Corporation, Glen Alden Corporation, Rapid American Corporation, Briggs Manufacturing Company, and Smith and Kanzler, a Delaware Corporation; Eagle-Picher Industries, Incorporated, an Ohio Corporation; Fibreboard Corporation, Pabco Industrial Products Division, a Delaware Corporation; Flexitallic Gasket Company, Incorporated, a Connecticut Corporation; Gaf Corporation, a Delaware Corporation; Garlock, Incorporated, Precision Seal Division, an Ohio Corporation; A.P. Greene Refractories Company; Keene Corporation, Individually and as successor-in-interest to Keene Building Products Corporation, Keene Insulation Products Corporation, Ehret Magnesia Manufacturing Company, Baldwin-Ehret-Hill, Incorporated, Baldwin-Hill Company, and Mundet Cork Corporation, a New York Corporation; National Gypsum Company, a Delaware Corporation; Owens-Illinois, Incorporated, an Ohio Corporation; Pittsburgh-Corning Corporation, Individually and as successor-in-interest to Union Asbestos and Rubber Company (UNARCO), a Pennsylvania Corporation; H.K. Porter Company, Incorporated, Individually and as successor-in-interest to Southern Asbestos, Carolina Asbestos, Thermoid and Tullman-McCluskey, a Delaware Corporation; Turner & Newall, P.L.C., Individually and as alter ego of Keasby and Mattison; General Refractories Company, Grefco; M.H. Dietrick, Defendants. Samuel H. CULVERHOUSE; Mattie Culverhouse, Plaintiffs-Appellees, v. OWENS-CORNING FIBERGLAS CORPORATION, a Delaware Corporation, Defendant-Appellant, and Amchem Products, Incorporated; Armstrong World Industries, Incorporated, formerly known as Armstrong Cork Company; The Celotex Corporation, Individually and as successor-in-interest of Philip Carey Manufacturing Company, Philip Carey Corporation, Panacon Corporation, Glen Alden Corporation, Rapid American Corporation, Briggs Manufacturing Company, and Smith and Kanzler, a Delaware Corporation; Eagle-Picher Industries, Incorporated, an Ohio Corporation; Fibreboard Corporation, Pabco Industrial Products Division, a Delaware Corporation; Flexitallic Gasket Company, Incorporated, a Connecticut Corporation; GAF Corporation, a Delaware Corporation; Garlock, Incorporated, Precision Seal Division, an Ohio Corporation; Keene Corporation, Individually and as successor-in-interest to Keene Building Products Corporation, Keene Insulation Products Corporation, Ehret Magnesia Manufacturing Company, Baldwin-Ehret-Hill, Incorporated, Baldwin-Hill Company, and Mundet Cork Corporation, a New York Corporation; National Gypsum Company, a Delaware Corporation; Owens-Illinois, Incorporated, an Ohio Corporation; Pittsburgh-Corning Corporation, Individually and as successor-in-interest to Union Asbestos and Rubber Company (UNARCO), a Pennsylvania Corporation; H.K. Porter Company, Incorporated, Individually and as successor-in-interest to Southern Asbestos, Carolina Asbestos, Thermoid and Tullman-McCluskey, a Delaware Corporation; Turner & Newall, P.L.C., Individually and as alter ego of Keasby and Mattison; Combustion Engineering, Incorporated; Flintkote Company, a Massachusetts Corporation; W.R. Grace & Company, a Connecticut Corporation; Raytech, Successor to Raymark Industries, Incorporated, successor-in-interest to Raybestos-Manhattan, Incorporated; Rock Wool Manufacturing Company, Incorporated, an Alabama Corporation; United States Gypsum Company, Inc., Defendants, v. MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND, Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1995.


Attorney(s) appearing for the Case

ARGUED: Moffatt Grier McDonald, Haynsworth, Marion, McKay & Guerard, L.L.P., Greenville, South Carolina, for Appellant. E. Spencer Parris, Michaels, Jones, Martin & Parris Law Offices, P.A., Raleigh, North Carolina, for Appellees. ON BRIEF: James Boyce Pressly, Jr., Haynsworth, Marion, McKay & Guerard, L.L.P., Greenville, South Carolina, for Appellant. Michael J. Brickman, Ness, Motley, Loadholt, Richardson & Poole, Charleston, South Carolina, for Appellees.

Before WILKINSON and LUTTIG, Circuit Judges, and SHEDD, United States District Judge for the District of South Carolina, sitting by designation.


Affirmed in part, reversed in part, and remanded for a new trial by published opinion. Judge SHEDD wrote the majority opinion, in which Judge LUTTIG joined. Judge WILKINSON wrote a dissenting opinion.

OPINION

SHEDD, District Judge:

Owens-Corning Fiberglas Corporation ("OCF") appeals the district court's entry of partial summary judgment against it on two issues. For the reasons set forth below, we affirm in part, reverse in part, and remand for a...

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