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BARTEL EX REL. ESTATE, RICH v. A-C PROD. LIAB. TR.

No. 1:98CV14094.

461 F.Supp.2d 600 (2006)

Willard E. BARTEL and David C. Peebles, Administrators of the ESTATE OF Charles RICH, Deceased, Plaintiffs, v. A-C PRODUCT LIABILITY TRUST, et. al, Defendants.

United States District Court, N.D. Ohio, Western Division.

November 13, 2006.

Attorney(s) appearing for the Case

Donald A. Krispin, Robert E. Swickle, Maritime Asbestosis Legal Clinic, Division of Jaques Admiralty, Duane C. Marsden, Jaques Admiralty Law Firm, Detroit, MI, for Plaintiff.

Douglas R. Simek, Sutter, O'Connell, Mannion & Farchone, James E. Stephenson, Joseph T. Ostrowsld, William D. Bonezzi, Kevin O. Kadlec, Bonezzi, Switzer, Murphy & Polito, Byron J. Horn, Pamela Zarlingo, Richard C. Binzley, Thompson Hine & Flory, Barbara J. Arison, Frantz Ward, Matthew C. O'Connell, Sutter, O'Connell, Hannon & Farchi, Kenneth F. Krawczak, Michele L. Larissey, Swartz Campbell, Cleveland, OH, Gregg L. Spyridon, John M. Herke, Spyridon, Palermo & Doman, Metairie, LA, Susan S. Henderson, Chesterland, OH, for Defendants.

ORDER

CARR, Chief Judge.

This is an asbestos case, joining together claims of injury due to land-based and seabased exposures to asbestos-containing materials. At issue is the choice of law for the two claims. Once the choice of law has been established, next to be determined is whether either claim will be tried to a jury. For the following reasons, the sea-based claim will be tried under admiralty jurisdiction applying federal maritime law, and the land...

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