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ADAMS v. CONSOLIDATED RAIL CORP.

No. 31271.

591 S.E.2d 269 (2003)

214 W.Va. 711

Duane ADAMS, et al., Plaintiffs Below, Appellees, v. CONSOLIDATED RAIL CORPORATION, t/d/b/a Conrail, et al., Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 4, 2003.

Concurring and Dissenting Opinion of Justice McGraw December 4, 2003.

Attorney(s) appearing for the Case

Michael G. Gallaway, Esq., Burns, White & Hickton, Wheeling, West Virginia and David A. Damico, Esq., Daniel B. Donahoe, Esq., Kendra Fredericks Smith, Esq., Burns, White & Hickton, Pittsburgh, Pennsylvania, Attorneys for the Appellants.

Carl Frankovitch, Esq., Mark Colantonio, Esq., Frankovitch, Anetakis, Colantonio & Simon, Weirton, West Virginia and Mark T. Coulter, Esq., Peirce, Raimond and Coulter, Pittsburgh, Pennsylvania, Attorneys for the Appellees.

PER CURIAM:

This action concerns damage claims for injuries or death resulting from the alleged exposure of a number of railroad employees to asbestos at the workplace. Now before this Court is the appeal of Consolidated Rail Corporation, et al., defendants below, from the March 27, 2002, order of the Circuit Court of Brooke County denying their motion for a new trial. The order was entered following a jury verdict...

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