HARDER v. ACANDS

No. 98-3169.

179 F.3d 609 (1999)

Marion L. HARDER, Executor of the Estate of Oscar O. Harder; Marion L. Harder, Individually, Plaintiffs-Appellees, v. ACANDS, doing business as AC & S, Inc., a Delaware corporation formerly Armstrong Contracting & Supply, Inc.; Armstrong World Industries, doing business as AC & S, Inc., a Pennsylvania corporation individually and as successor in interest to Armstrong Cork Company, and as successor in interest to Armstrong Contracting & Supply, Inc., now known as Acands, Inc.; Fibreboard, a Delaware corporation, individually and as successor in interest to Fibreboard Paper Products Corp., Pabco Insulation Company, Plant Rubber & Asbestos Works and Plant Asbestos Co.; Flexitallic Gasket Company, Inc., a Delaware Corp.; Foster Wheeler Corporation; Foster Wheeler Corporation, a New York Corporation; Foster Wheeler Corporation, a Delaware Corporation, individually and as a subsidiary of Foster Wheeler Corporation, Defendants, General Electric Co., a New York Corporation, Defendant-Appellant, GAF Corporation, a Delaware Corp., individually and as successor in interest to the Ruberoid Company; AP Green Industries, Inc., a Delaware Corp., Keene Corporation, a Delaware and New York Corp., individually and as successor in interest to Baldwin-Hill Co., Baldwin-Ehret-Hill, Inc., Ehret Magnesia Manufacturing Co., the Insulation division of Mundet Cork Co., and as owner of or successor in interest to Keene Building Products Corp.; Owens-Corning Corporation, a Delaware Corp.; Owens-Illinois, Inc., a Delaware and an Ohio Corp.; United States Gypsum Company, formerly known as AP Green Refractories Company, a Delaware Corporation, individually and as successor in interest to AP Greene Industries, Inc., Defendants, v. Owens-Corning Corporation, Third Party Plaintiff, Manville Corporation Asbestos Disease Compensation Fund, Third Party Defendant.

United States Court of Appeals, Eighth Circuit.

Decided June 9, 1999.


Attorney(s) appearing for the Case

John A. Heller, Chicago, IL, argued (Richard J. Sapp, W. Don Brittin, Jr., Des Moines, IA; Carter G. Phillips and Gene C. Schaerr, Washington, DC, on the brief), for Appellant.

Richard H. Doyle, Des Moines, IA, argued (Michael J. Galligan, Timm W. Reid and Roxanne B. Conlin, on the brief), for Appellee.

Before BOWMAN, Chief Judge, FAGG, Circuit Judge, and BOGUE, District Judge.


FAGG, Circuit Judge.

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