Legal Opinion
Trust Company Bank v. United States Gypsum Company
Court of Appeals for the Fifth Circuit
Decided February 24, 1992No. 91-1255PublishedCited by 51 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
In this action filed in Mississippi state court and removed to the United States District Court for the Southern District of Mississippi, plaintiff Trust Company Bank complains that it has suffered damages from the presence of asbestos in a twenty-two year old building it owns in Georgia. The federal district court declined to grant relief, concluding that it lacked subject matter jurisdiction and, in the alternative, that the Mississippi statute of repose barred the plaintiff’s action. On appeal, while we disagree that the district court lacked jurisdiction, we are…
2Cases cited44 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Foman v. DavisSupreme Court of the United States · 1962
- Huntington v. AttrillSupreme Court of the United States · 1892
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- C. A. May Marine Supply Company v. Brunswick CorporationCourt of Appeals for the Fifth Circuit · 1981
39 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Beverly Hills Fan Company v. Royal Sovereign Corp. And Ultec Enterprises Co., Ltd.Court of Appeals for the Federal Circuit · 1994
- Giles v. General Electric Co.Court of Appeals for the Fifth Circuit · 2001
- James Ray Steele v. Leroy Young, Warden Attorney General of the State of OklahomaCourt of Appeals for the Tenth Circuit · 1993
- Kohler v. EngladeCourt of Appeals for the Fifth Circuit · 2006
- Bailey v. Shell Western E&P, Inc.Court of Appeals for the Fifth Circuit · 2010
46 more not listed; retrieve them via the Exa API.