Legal Opinion

In Re School Asbestos Litigation. The Celotex Corporation, Carey Canada Inc., Armstrong World Industries, Inc., Asbestos Corp., Ltd., Bell Mines, Ltd., Asten Group, Basic, Inc., Benjamin Foster-Amchem, Union Carbide Corp., Cassiar Resources, Ltd., Brinco Mining, Dana Corporation, Empire Ace Insulation, Fibreboard, Gaf Corporation, Georgia-Pacific Corp., Uniroyal, Inc., W.R. Grace & Company, Kaiser Cement Corp., Pfizer, Inc., Pittsburgh Corning Corp., H.K. Porter Corp., Southern Textile Corp., Rockwool Manufacturing Co., Wilkin Insulation, C. Tennant & Sons, U.S. Mineral, No. 90-1217 v. The Honorable James McGirr Kelly, Nominal No. 90-1217, and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools and a Conditionally Certified Class, No. 90-1217. In Re School Asbestos Litigation. Eagle-Picher Industries, Inc., No. 90-1219 v. The Honorable James McGirr Kelly, Nominal No. 90-1219, and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, No. 90-1219

Court of Appeals for the Third Circuit

Decided January 7, 1991No. 90-1217PublishedCited by 16 opinions

1Opinion of the Court

921 F.2d 1338

In re SCHOOL ASBESTOS LITIGATION.

The CELOTEX CORPORATION, Carey Canada Inc., Armstrong World

Industries, Inc., Asbestos Corp., Ltd., Bell Mines, Ltd.,

Asten Group, Basic, Inc., Benjamin Foster-Amchem, Union

Carbide Corp., Cassiar Resources, Ltd., Brinco Mining, Dana

Corporation, Empire Ace Insulation, Fibreboard, GAF

Corporation, Georgia-Pacific Corp., Uniroyal, Inc., W.R.

Grace & Company, Kaiser Cement Corp., Pfizer, Inc.,

Pittsburgh Corning Corp., H.K. Porter Corp., Southern

Textile Corp., Rockwool Manufacturing Co., Wilkin

Insulation, C. Tennant & Sons, U.S. Mineral, Petitioners No.…

2Cases cited14 opinions

  1. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  2. Will v. United StatesSupreme Court of the United States · 1967
  3. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  4. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
  5. Cipollone v. Liggett Group, Inc.Court of Appeals for the Third Circuit · 1986

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3Cited by16 opinions

  1. In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
  2. In Re School Asbestos Litigation. Pfizer Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee., Intervenor. Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Acands, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Asten Group, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Asten Group, Inc., Dana Corporation, Pfizer, Inc., Pittsburgh Corning Corporation, and W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Georgia-Pacific Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, and a Conditionally Certified Class, Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School DistrictCourt of Appeals for the Third Circuit · 1992
  3. Central Wesleyan College v. W.R. Grace & Co.Court of Appeals for the Fourth Circuit · 1993
  4. In Re Asbestos School Litigation Pfizer Inc.Court of Appeals for the Third Circuit · 1994
  5. Chisolm v. TranSouth Financial Corp.District Court, E.D. Virginia · 1999

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