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BAILEY v. NORTH AMERICAN REFRACTORIES CO.

Nos. 2000-CA-001670-MR, 2000-CA-001671-MR, 2000-CA-002515-MR.

95 S.W.3d 868 (2001)

Phillip G. BAILEY and Eldean Bailey, his Wife; Willis K. Boyd and Rebecca Boyd, his Wife; Donald A. Branham and Rebecca Branham, his Wife; Kenneth R. Bush and J. Kay Bush, his Wife; Bruce E. Carter and Karen Carter, his Wife; Luther Craig and Nancy Craig, his Wife; James D. Daniels and Beatrice Daniels, his Wife; Raymond D. Davis and Patsy Davis, his Wife; and Robert L. Dezarn and Juliane Dezarn, his Wife, Appellants, v. NORTH AMERICAN REFRACTORIES COMPANY, Appellee. James O. Nichols and Mary E. Nichols, his wife; Gaines D. Stewart and Christine Stewart, his wife; Earl E. Tackett and Mary Tackett, his wife; William M. Turman and Nancy Turman, his wife, Appellants, v. North American Refractories Company, Appellee. James O. Nichols and Mary E. Nichols, his wife; Gaines D. Stewart and Christine Stewart, his wife; Earl E. Tackett and Mary Tackett, his wife, Appellants, v. CBS Corporation, f/k/a Westinghouse Electric Corporation, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court February 12, 2003.

Case Ordered Published by Supreme Court February 12, 2003.

Attorney(s) appearing for the Case

Robert H. Miller, II, Charleston, WV, for Appellants Phillip G. Bailey and Eldean Bailey, his wife, Willis K. Boyd and Rebecca Boyd, his wife, Donald A. Branham and Rebecca Branham, his wife, Kenneth R. Bush and J. Kay Bush, his wife, Bruce E. Carter and Karen Carter, his wife, Luther Craig and Nancy Craig, his wife, James D. Daniels and Beatrice Daniels, his wife, Raymond D. Davis and Patsy Davis, his wife, and Robert L. Dezarn and Juliane Dezarn, his wife, James O. Nichols and Mary E. Nichols, his wife, Gaines D. Stewart and Christine Stewart, his wife, Earl E. Tackett and Mary Tackett, his wife, William M. Turman and Nancy Turman, his wife.

Albert F. Grasch, Jr. and Stephen M. Schwartz, Jr., Lexington, KY, for Appellee, CBS Corporation, f/k/a Westinghouse Electric Corporation.

Wendell S. Roberts, Ashland, KY, for Appellee, North American Refractories Company.

Stephen Michael Bowers, Atlanta, GA, for Amicus Curiae Brief for Foseco, Inc.

Before JOHNSON, MILLER, and SCHRODER, Judges.

OPINION

MILLER, Judge.

We have before us three appeals. Phillip G. Bailey, Eldean Bailey, his wife; Willis K. Boyd, Rebecca Boyd, his wife; Donald A. Branham, Rebecca Branham, his wife; Kenneth R. Bush, J. Kay Bush, his wife; Bruce E. Carter, Karen Carter, his wife; Luther Craig, Nancy Craig, his wife; James D. Daniels, Beatrice Daniels, his wife; Raymond D. Davis, Patsy Davis, his wife; Robert L. Dezarn, Juliane Dezarn, his wife; bring Appeal No...

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