DANA CORP. v. FIREMAN'S FUND INS. CO.

Nos. 83CV1153, 85CV7491.

169 F.Supp.2d 732 (1999)

DANA CORPORATION, Plaintiff v. FIREMAN'S FUND INS. CO., et al., Defendants. The Celotex Corporation, Plaintiff v. Dana Corporation, Defendant.

United States District Court, N.D. Ohio, Western Division.

August 20, 1999.


Attorney(s) appearing for the Case

Richard S. Walinski, Cooper & Walinski, Toledo, OH, John DeQ. Briggs, Howrey & Simon, Washington, DC, James F. Nooney, Eastman & Smith, Toledo, OH, for Dana Corporation, plaintiff.

Joan C. Szuberla, Theodore M. Rowen, Spengler & Nathanson, Toledo, OH, Matthew Gluck, Barry G. Sher, Guy Yonay, Fried, Frank, Harris, Shriver & Jacobson, New York City, for Celotex Asbestos Settlement Trust, intervenor.

Steven Timonere, Doyle, Lewis & Warner, James F. Nooney, Eastman & Smith, Toledo, OH, for Fireman's Fund Insurance Company, American Insurance Company, and Association Indemnity Corp., cross-claimants.

James R. Knepp, II, Robison, Curphey & O'Connell, Toledo, OH, William J. Bowman, James P. Ruggeri, Hogan & Hartson, Washington, DC, Jack Zouhary, S.E. Johnson Companies, Maumee, OH, for Hartford Accident and Indemnity Co., defendant.

James F. Nooney, Eastman & Smith, Toledo, OH, for Celotex Corporation, defendant.

Richard M. Kerger, Kerger & Kerger, Toledo, OH, for Anderson Memorial Hospital, movant.

Steven Timonere, Doyle, Lewis & Warner, Toledo, OH, for American Insurance Company and Association Indemnity Corp, counter-claimants.

James F. Nooney, Eastman & Smith, Toledo, OH, for Hartford Accident and Indemnity Co., and Celotex Corporation, cross-defendants.


Order

CARR, District Judge.

These are lawsuits relating to a provision in a stock purchase agreement dated February 18, 1969, whereby the Dana Corporation sold its stock in a wholly owned subsidiary, Smith & Kanzler Company, to the Philip Carey Corporation. Both Smith & Kanzler Company and Philip Carey manufactured asbestos containing products. In the provision of the stock purchase agreement at issue...

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