David MARTIN, Executor of the Estate of Dennis B. Martin, Plaintiff-Appellant,
v.
CINCINNATI GAS AND ELECTRIC COMPANY, General Motors Corporation, General Electric Company, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: October 29, 2008.
Decided and Filed: January 27, 2009.
Attorney(s) appearing for the Case
ARGUED: Kenneth L. Sales, Sales, Tillman, Walbaum, Catlett & Satterley, Louisville, Kentucky, for Appellant. Gary J. Sergent, O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, James K. Vines, King & Spalding, Washington, D.C., Scott T. Dickens, Fultz, Maddox, Hovious & Dickens, Louisville, Kentucky, for Appellees. ON BRIEF: Kenneth L. Sales, Paul J. Kelley, Sales, Tillman, Walbaum, Catlett & Satterley, Louisville, Kentucky, for Appellant. Gary J. Sergent, Michael J. O'Hara, O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, Kentucky, James K. Vines, King & Spalding, Washington, D.C., Scott T. Dickens, Fultz, Maddox, Hovious & Dickens, Louisville, Kentucky, Eric M. Cavanaugh, Duke Energy Shared Services, Inc., Plainfield, Indiana, for Appellees. Mark A. Behrens, Shook, Hardy & Bacon, Washington, D.C., for Amicus Curiae.
Before: SILER and McKEAGUE, Circuit Judges; LUDINGTON, District Judge.
United States Court of Appeals, Sixth Circuit.
OPINION
McKEAGUE, Circuit Judge.
Dennis Martin ("Mr.Martin") died from malignant mesothelioma on March 22, 2002. His son, David Martin ("Plaintiff"), serving as executor of his father's estate, filed a complaint based on asbestos exposure in Kentucky state court against nine defendants. Defendants removed the case to the Eastern District of Kentucky based on diversity.
After various defendants settled or...
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