ALDRIDGE v. GOODYEAR TIRE & RUBBER CO., INC.

No. 99-1275

223 F.3d 263 (2000)

James R. ALDRIDGE, Sr.; Margaret Aldridge; Harry W. Atkinson; Lois V. Atkinson; Wesley B. Bartlett; Anna M. Bartlett; Leonard Beard, Sr.; Theresa Beard; Carroll E. Broadwater; Marlene Broadwater; Thomas Henry Brown; Betty Lou Brown; Eston C. Champ; Paul H. Cordial; Earlene L. Cordial; Stanley W. Corley; C. Louise Corley; Donald A. D'Atri; Shirley D'Atri; Jean C. Glass; Raymond L. Haines; Mary Catherine Haines; Ernest M. Holt; Anna Myrtle Holt; Junior A. Hott; Roxalyn Hott; Carol G. Huffman; Robert M. Iser; Wanda L. Iser; Donald Johnson; Mary Ellen Johnson; Donald Larke; Judy Larke; Irvin E. Lowery; Ada L. Lowery; William R. McCoy; Louise T. McCoy; George V. McKenzie; Dorothy E. McKenzie; William J. McKenzie; Martha McKenzie; James B. Mills; Ann Louise Mills; Robert Mitter; Mary Louise Mitter; John E. Monahan; M. Carolyn Monahan; Russell C. Morgan; Louise Morgan; Arthur L. Neder; June E. Neder; Edith G. Norris, Individually and in her Capacity as Personal Representative of the Estate of the Deceased, David P. Norris; Jack E. Ritchey; Helen J. Ritchey; Paul A. Shook; Genevieve E. Shook; Gerald D. Simmons; Barbara Simmons; William R. Spencer; Elva P. Spencer; Joseph R. Taylor; Anna K. Taylor; Richard F. Weese; Hazel M. Weese; Raymond E. Vinci; Shirley R. Vinci; Earl A. Winters; Betty M. Winters; William P. Zimmerman; Phyllis Zimmerman; Robert W. Haislip, as Personal Representative of the estate of his father Robert W. Haislip; Nellie Mae Miller; Barbara A. Fridinger, in her capacity as personal representative of the estate of the deceased, Percy R. Miller; Ronald E. Porter; Ruth M. Day; Phyllis R. Frost, in her capacity as personal representative of the estate of Frank C. Day, deceased; Mary S. Langham, individually and in her capacity as personal representative of the estate of George E. Langham, deceased; Elmer L. Kroll; Doris R. Kroll; Priscilla Teter, individually and in her capacity as personal representative of the deceased, Brook Teter; Muriel R. Schramm, individually and in her capacity as personal representative of the estate of Calvin C. Schramm; Jessie Simmons, individually and in her capacity as personal representative of the estate of the deceased, Leonard T. Simmons; Kathleen S. Sirbaugh, in her capacity as personal representative of the estate of Arlan Eugene Sirbaugh, deceased; Jacob Loar; Sarah J. Loar; Harry F. Piper; Genevieve Piper; Leroy Robertson; Ethel H. Robertson; Albert D. Stewart; Betty Stewart; Lois Schadt; Milford G. Wilson; Dorothy M. Wilson; Evelyn V. Buser, individually and in her capacity as personal representative of the estate of Theodore U. Buser, deceased; Violet G. Gray, individually and in her capacity as personal representative of the estate of Richard R. Gray, deceased; Yoland T. Taccino; Thomas Rodger Taccino, personal representative of the estate of Edmund Joseph Taccino, deceased; Anna M. Cole, personal representative of the estate of Charles B. Cole, deceased; Mary Kathleen Jenkins, individually and in her capacity as personal representative of the estate of Richard Toll Jenkins, deceased; Jeremy Edward, surviving minor grandchild of Richard Toll Jenkins, deceased to the use of Mary Kathleen Jenkins, surviving spouse of Richard Toll Jenkins, deceased; Donald J. Folk; Arthur C. Tichnell; Carrie A. Tichnell; Waneda C. Bridges, individually and in her capacity as personal representative of the estate of Nevin H. Bridges, deceased; Gilbert L. Zimmerman; Rebecca Zimmerman; Leroy E. Gross; Carol M. Gross; Leonard D. White; Gladys Fay White; Eugene L. Zimmerman, Jr.; Phyllis M. Zimmerman; Webster Bruce Long, III; Leona Phares Long; Louis E. Schadt, Jr.; Terry Tressler; Margaret Tressler, as Personal Representatives of the estate of Robert C. Huffman; Raymond L. Champ, as personal representative of the estate of Elsie Champ, deceased; Carolyn A. Wagner, as personal representative of the estate of Richard H. Glass, deceased; Jeane R. Kennell, as personal representative of the estate of Richard H. Glass, deceased; Lois J. Schadt, as personal representative of the estate of Louis E. Schadt, deceased; Cynthia Jane Collins, as Personal Representative of the estates of Betty H. Stewart and Albert D. Stewart; Vickie A. Hebb, as Personal Representative of the estates of Betty H. Stewart and Albert D. Stewart, Plaintiffs-Appellants, and David P. Norris; Percy Miller, Plaintiffs, v. GOODYEAR TIRE & RUBBER COMPANY, INCORPORATED, an Ohio Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2000


Attorney(s) appearing for the Case

ARGUED: Geurdon Macy Nelson, Towson, MD, for Appellants. Joseph Carlton Wich, Jr., Venable, Baetjer & Howard, L.L.P., Towson, MD, for Appellee. ON BRIEF: James K. Archibald, Geoffrey R. Garinther, Venable, Baetjer & Howard, L.L.P., Towson, MD, for Appellee.

Before MURNAGHAN, LUTTIG, and MICHAEL, Circuit Judges.


Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge MURNAGHAN and Judge MICHAEL joined.

OPINION

LUTTIG, Circuit Judge:

Plaintiffs sued Goodyear Tire & Rubber Co., Inc. ("Goodyear") for allegedly causing their various occupational diseases. The district court granted Goodyear's motion for summary judgment on the ground that plaintiffs could not show causation. Because we conclude that the district court should...

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