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IN RE CELOTEX CORP.

No. 96-1592.

124 F.3d 619 (1997)

In re The CELOTEX CORPORATION, Debtor. OWENS-ILLINOIS, INCORPORATED, Plaintiff-Appellant, v. RAPID AMERICAN CORPORATION, Successor in interest to Philip-Carey Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1997.

Attorney(s) appearing for the Case

ARGUED: Robert Ogilvie Meriwether, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, SC, for Appellant. Paul H. Aloe, Rubin, Baum, Levin, Constant & Friedman, New York City, for Appellee. ON BRIEF: R. Bruce Shaw, George B. Cauthen, Nelson, Mullins, Riley & Scarborough, L.L.P., Columbia, SC; David B. Hendrickson, Hendrickson & Long, Charleston, WV, for Appellant. Kenneth R. Friedman, Rubin, Baum, Levin, Constant & Friedman, New York City, of Appellee.

Before HAMILTON and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in with Judge MOTZ and Senior Judge PHILLIPS joined.

OPINION

HAMILTON, Circuit Judge:

This action for contribution stems from eight civil proceedings in which the appellant, Owens-Illinois, Inc. (Owens), and the Celotex Corporation (Celotex), a successor in interest to the Philip-Carey Manufacturing Corporation (Old Carey) and a new version of the same company (New Carey), were found...

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