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ROLEY v. EAGLE, INC.

No. 2002-CA-1466.

848 So.2d 684 (2003)

Leonard ROLEY v. EAGLE, INC. (formerly Eagle Asbestos & Packing Company), Combustion Engineering, Inc.; Foster Wheeler Corporation; A.P. Green Industries, Inc.; Armstrong World Industries, Inc., Individually and Successor to Armstrong Cork Company; et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 21, 2003.

Attorney(s) appearing for the Case

Scott R. Bickford, John R. Martzell, Christopher H. Sherwood, Martha J. Maher, Tiffany, Chase, Martzell & Bickford, New Orleans, LA, for Calvin Harold Roley and Robert DeWitt Roley, individually and on behalf of Leonard Roley, deceased.

Leon Gary, Jr., William L. Schuette, Jr., Olivia S. Tomlinson, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P. Baton Rouge, LA, and Madeleine Fischer, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, LA, for Viacom, Inc.

Lynn M. Luker, Lynn, Luker & Associates, LLC, New Orleans, LA, for Foster Wheeler, L.L.C.

Dominic Ovella, Valerie, Schexnayder, Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for the Flintkote Company.

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

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge TERRI F. LOVE and Judge LEON A. CANNIZZARO JR.

JOAN BERNARD ARMSTRONG, Judge.

This is an appeal from a judgment of the trial court dismissing an action under forum non conveniens. Because we find that the trial court's judgment does not constitute an abuse of discretion, we will affirm.

The plaintiff, Leonard Roley, worked aboard ships of a federal government "reserve fleet" in Mobile, Alabama. While working aboard those ships, he allegedly was exposed to asbestos which allegedly eventually caused...

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