STATE v. MacQUEEN

No. 23402.

479 S.E.2d 300 (1996)

198 W.Va. 1

STATE of West Virginia ex rel. APPALACHIAN POWER COMPANY, et al., Petitioners v. Honorable A. Andrew MacQUEEN, III, Judge of the Circuit Court of Kanawha County, Cleo Abbott, et al., Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 14, 1996.


Attorney(s) appearing for the Case

Charles R. McElwee, Joseph Beeson, Robinson & McElwee, Charleston, for Appalachian Power Company, Ohio Power Company, Central Operating Company, Kaiser Aluminum & Chemical Corporation, Ravenswood Aluminum Corporation and Aroostook Chemical Corporation.

Dennis C. Sauter, A.L. Emch, Jackson & Kelly, Charleston, for the Goodyear Tire & Rubber Company, Bayer Corporation, Potomac Edison Company, West Penn Power Company, Monongahela Power Company and Duquesne Light Company.

Richard C. Polley, Dickie, McCamey & Chilcote, Pittsburgh, Pennsylvania, for Appalachian Power Company, Ohio Power Company and Central Operating Company.

Charles Love, Bowles Rice McDavid Graff & Love, Charleston, for Monsanto Corporation.

Robert H. Sweeney, Jr., Jenkins, Fenstermaker, Krieger, Kayes & Agee, Huntington, for Inco Alloys International, Inc.

David Armstrong, George McGrann, Dickie, McCamey & Chilcote, Wheeling, for PPG Industries, Inc.

Richard Hayhurst, Parkersburg, for FMC Corporation.

Cynthia M. Hutchins, Sharlock Repcheck & Mahler, Pittsburgh, Pennsylvania, for Cyprus Foote Mineral Corporation.

Scott S. Segal, Segal and Davis, Charleston, Stuart Calwell, Calwell & McCormick, Charleston, James H. Rion, Jr., Ness, Motley, Loadholt, Richardson & Poole, Charleston, South Carolina, Theodore Goldberg, Goldberg, Persky, Jennings & White, Pittsburgh, Pennsylvania, and Teresa C. Postle, Law Offices of James F. Humphreys, Charleston, for Respondents-Plaintiffs.


RECHT, Justice:1

There are currently pending in the Circuit Court of Kanawha County a large number of separate civil actions2 filed by or on behalf of individuals (hereinafter "plaintiffs") claiming physical impairment resulting from the exposure to the hazards of asbestos and/or asbestos-containing products.3

According to each...

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