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CARUOLO v. JOHN CRANE, INC.

No. 676, Dockets 99-7430, 99-7501.

226 F.3d 46 (2000)

Paul CARUOLO and Margaret Caruolo, Plaintiffs-Appellees-Cross-Appellants, v. JOHN CRANE, INC., Defendant-Appellant-Cross-Appellee, A C and S, Inc., Combustion Engineering, Inc., Owens-Corning Fiberglas Corp., Fibreboard Corporation, U.S. Mineral Products Co., Pittsburgh-Corning Corp., The Flintkote Company, Rockwool Manufacturing Company, Anchor Packing Company, Foster Wheeler Energy Corporation, Rapid-American Corporation, as successor-in-interest to Phillip Carey Manufacturing Corp., Keene Corporation, Empire Ace Insulation, H & A Construction, Asbestospray Corporation, W.R. Grace & Company, Robert A. Keasbey Company, Whittaker, Clark & Daniels, Inc., R.T. Vanderbilt Co., Inc., and Garlock, Inc., Defendants, A.W. Chesterton & Co., Defendant-Cross-Claimant.

United States Court of Appeals, Second Circuit.

Decided: August 31, 2000.

Attorney(s) appearing for the Case

Moshe Maimon, New York, N.Y. (Alani Golanski, Levy, Phillips & Konigsberg, LLP, on the brief) for Plaintiffs-Appellees-Cross-Appellants.

Suzanne M. Halbardier, New York, N.Y. (William E. Fay, III, Laurel A. Wedinger, Barry, McTiernan & Moore, on the brief) for Defendant-Appellant-Cross-Appellee.

Before: McLAUGHLIN, JACOBS and KATZMANN, Circuit Judges.

JACOBS, Circuit Judge:

John Crane, Inc. ("Crane"), a manufacturer and distributor of sealing devices that contain asbestos, appeals from a personal injury judgment in favor of Paul and Margaret Caruolo, entered following a jury trial in the United States District Court for the Southern District of New York (Sweet, J.). It is not disputed on appeal that Paul Caruolo ("Caruolo") contracted mesothelioma following exposure to asbestos during his service as a Navy fireman...

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