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HOERNER v. ANCO INSULATIONS, INC.

No. 2000-CA-2333.

812 So.2d 45 (2002)

Barry HOERNER and Peggy Rieffel Hoerner v. ANCO INSULATIONS, INC.; ACandS, Inc.; Armstrong World Industries, Inc. (Formerly Armstrong Cork Company); Asbestos Claims Management Corporation (Formerly National Gypsum Companyj); The Babcock & Wilcox Company; Branton Insulations, Inc.; et al.

Court of Appeal of Louisiana, Fourth Circuit.

As Corrected on Denial of Rehearing March 4, 2002.

As Corrected On Grant of Rehearing April 4, 2002.

Attorney(s) appearing for the Case

Gerolyn P. Roussel, Perry J. Roussel, Jr., Roussel & Roussel, LaPlace, LA, Counsel for Plaintiffs/Appellants.

James R. Logan, IV, Logan & Soileau, LLC, New Orleans, LA, Counsel for the Home Insurance Co.

Samuel M. Rosamond, III, Fleming & Rosamond, L.L.P., Metairie, LA, Counsel for Commercial Union Insurance Co.

Janet MacDonell, Andre C. Broussard, Jr., A. Wendel Stout, III, Deutsch, Kerrigan & Stiles, New Orleans, LA, Counsel for T&N, PLC and Phone-Poulene AG Company, Etc.

Douglas Kinler, Michael Harold, Susan B. Kohn, Simon, Peragine, Smith & Redfearn, New Orleans, LA, Counsel for McCarty Corp. and Harold Thomas Branton.

Glen E. Mercer, David P. Salley, Sessions, Fishman & Nathan, L.L.P., New Orleans, LA, Counsel for Maryland Casualty Company.

Lawrence G. Pugh, III, Alison S. Borison, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, Counsel for Eagle, Inc., Fred Schuber, Jr., and Fred Schuber, III.

Court composed of Judge STEVEN R. PLOTKIN, Judge, DENNIS R. BAGNERIS, SR., Judge MICHAEL E. KIRBY.

Judge STEVEN R. PLOTKIN.

Borrowing on a phrase from Mrs. Gump, asbestos litigation is like a box of chocolates —the outer covering is familiar, but the taste inside is different, and one never knows what one is going to get.

We begin our analysis with the observation that this toxic tort case is one of many in litigation. This case presents factual and legal issues that pervade the pending asbestos litigation in Louisiana. This court has thoroughly...

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