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PRUDENTIAL INS. CO. OF AMERICA v. U.S. GYPSUM CO.

No. 02-3837.

359 F.3d 226 (2004)

PRUDENTIAL INSURANCE COMPANY OF AMERICA; PIC Realty Corp; 745 Property INV v. UNITED STATES GYPSUM COMPANY; W.R. Grace & Company; The Celotex Corporation; United States Mineral Products Company; Keene Corporation; Pfizer, Inc.; Asbestospray Corporation; John Doe Companies, fictitious names for presently unidentified entities (District of New Jersey Civil No. 87-cv-4227) The Prudential Insurance Company v. National Gypsum Company (District of New Jersey Civil No. 87-cv-4238) The Prudential Insurance Company of America, PIC Realty Corporation and 745 Property Investments, Appellants.

United States Court of Appeals, Third Circuit.

Filed: February 20, 2004.

Attorney(s) appearing for the Case

Robert J. Gilson (Argued), Khaled J. Klele, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, David Boies, Robin A. Henry, Boies, Schiller & Flexner, Armonk, for Appellants.

Kell M. Damsgaard, Kevin M. Donovan (Argued), Morgan, Lewis & Bockius, Philadelphia, for Appellee U.S. Gypsum Company.

Nancy McDonald, Meredith Walling, McElroy, Deutsch & Mulvaney, Morristown, for Appellee U.S. Mineral Products.

Before SLOVITER, NYGAARD and ROTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This case, one of the myriad asbestos cases that have besieged the courts, both state and federal, comes to us from a somewhat different perspective than most of the others. The plaintiffs, The Prudential Insurance Company of America, PIC Realty Corporation, and 745 Property Investments (hereinafter referred to collectively as "Prudential"), are owners and operators of buildings that installed asbestos...

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