Albert J. Fusco v. Johns-Manville Products Corp.

SPEARS, District Judge:

Fusco appeals from a district court order granting summary judgment for JohnsManville and other named defendants. We affirm the district court.

The only issue on appeal is whether the district court correctly granted summary judgment for Johns-Manville and other manufacturers (manufacturers) on the basis that Fusco’s cause of action was time-barred. Summary judgment is proper in a situation where there is no genuine issue of material fact, and upon which the moving party is entitled to prevail as a matter of law. Fed.R.Civ.P. 56(c). It is our duty to evaluate the facts…