Steve Graffagnino, Et Ux v. Fibreboard Corporation

ON PETITION FOR REHEARING

(Opinion November 25, 1985, 5th Cir., 776 F.2d 1307)

I

In our original opinion, we held:

When a plaintiff and his wife have executed a valid release of an asbestos-related claim and the plaintiff dies of an asbestos-caused disease that was diagnosed after the execution of the release, the wife cannot maintain a wrongful death or survival action against the released parties. When the release purports to assign to the released parties any remaining claims, the wife cannot maintain an action against other, unreleased, parties.

The plaintiff has petitioned for rehearing on…