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TYSENN v. JOHNS-MANVILLE CORP.

Civ. A. No. 80-128.

517 F.Supp. 1290 (1981)

Anthony J. TYSENN, a/k/a Anthony J. Tyskiewicz and Veronica Tysenn, a/k/a Veronica Tyskiewicz. v. JOHNS-MANVILLE CORP., Eagle-Picher Industries, Inc., Owens-Illinois Glass Company, Pacor, Inc., Celotex Corporation, Pittsburgh Corning Corporation, and Keene Corporation, Defendants, and Fibreboard Corp., Garlock, Inc., Unarco, Raybestos-Manhattan, Inc., and Owens-Corning Fiberglas Corp., Third-Party Defendants.

United States District Court, E. D. Pennsylvania.

July 15, 1981.

Attorney(s) appearing for the Case

Gene Locks, Greitzer & Locks, Philadelphia, Pa., for plaintiffs Anthony J. Tysenn, et ux.

Daniel J. Ryan, Philadelphia, Pa., for defendant Johns-Manville Corp.

Barbara Ann Pennell, Philadelphia, Pa., for defendant Eagle-Picher Industries, Inc.

G. Daniel Bruch, Jr., Philadelphia, Pa., for defendant Pacor, Inc.

Thomas O. Malcolm, West Chester, Pa., for defendant Celotex Corp.

John Paul Curran, Philadelphia, Pa., for defendant Pittsburgh Corning Corp.

Perry S. Bechtle, Philadelphia, Pa., for defendant Keene Corp.

Francis F. Quinn, Philadelphia, Pa., for third-party defendant Fibreboard Corp.

Edward B. Joseph, Philadelphia, Pa., for third-party defendant Garlock, Inc.

Dudley Hughes, Philadelphia, Pa., for third-party defendant Unarco.

Joseph T. Mallon, Philadelphia, Pa., for third-party defendant Raybestos-Manhattan, Inc.

John Patrick Kelley, Philadelphia, Pa., for third-party defendant Owens-Corning Fiberglas Corp.

James A. Young, Daniel J. Zucker, Philadelphia, Pa., for Owens-Illinois Glass Co.

OPINION

LUONGO, District Judge.

This is an asbestosis action in which Owens-Illinois was named as an original defendant, and later made the target of various crossclaims by some of its co-defendants. Owens now moves for summary judgment against all parties, principally on the ground that it was the employer of plaintiff Anthony Tysenn, and therefore under the applicable compensation laws cannot be liable to any of the parties.

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