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BAKER v. IVESTER

No. COA01-258.

563 S.E.2d 245 (2002)

Clyde Benjamin BAKER, Jr. and wife, Brenda L. Baker, Cecil L. Berry, Jr. and wife, Diana Price Berry, Robert Lee Brown, Donald R. Campbell and wife Tommie Jo Campbell, Melvin Edward Carter and wife, Wanda J. Carter, Herbert E. Hall and wife, Kathleen B. Hall, James M. Holt, Sr. and wife, Dorothy Holt, Floyd Isom, Sr. and wife Beula Lawson Isom, Walter Lee Jones and wife, Betty B. Jones, Albert W. Laws and wife, Brenda C. Laws, Mildred E. Laws and husband, David Laws, Kendall R. Linker, Clyde Carl Marsh, John G. Miller, James D. Parks and wife, Loretta Parts, and Mary Francis Price, Plaintiffs, v. Arthur Lee IVESTER, Defendant.

Court of Appeals of North Carolina.

May 21, 2002.

Attorney(s) appearing for the Case

Wallace and Graham, P.A., by Michael B. Pross, Edward L. Pauley and Mona Lisa Wallace, Salisbury, for plaintiff-appellants.

Anderson, Korzen & Associates, P.C., by John J. Korzen, Karnersville, for plaintiff-appellant.

Harry C. Martin, Asheville, for plaintiff-appellant.

Smith Helms Mulliss & Moore, L.L.P., by Jeri L. Whitfield, Manning A. Connors and Stephanie E. Stark, Greensboro, for defendant-appellee.

North Carolina Academy of Trial Lawyers, by Stella A. Boswell, Raleigh, for amicus curiae.

BIGGS, Judge.

Plaintiffs are former employees, and spouses of former employees, of Fieldcrest Cannon, Inc. (Fieldcrest). Defendant was employed by Fieldcrest as an industrial hygienist, from 1976 to 1997. In 1997, plaintiffs filed suit against defendant, four other Fieldcrest employees, and Fieldcrest, seeking damages for illness and injury caused by workplace exposure to asbestos. On 28 May 1998, the trial court divided the plaintiffs into four classes, designated...

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