William L. Tippens, Deceased, Nell P. Tippens, Individually and as Widow of William L. Tippens v. The Celotex Corporation

Celotex Corporation petitioned this Court for rehearing based upon (i) this Court’s failure to examine or follow Blackston v. Shook and Fletcher Insulation Co., 764 F.2d 1480 (11th Cir.1985), and (ii) Celotex’s unfortunate misinterpretation of the meaning of footnote 4 of our original opinion. Both points of error represent an incorrect reading of our holding which we feel compelled to address in order to avoid a similar misinterpretation by others.

This Court is clearly familiar with our holding in Blackston requiring a plaintiff to show actual exposure to asbestos-containing products.…