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GOGOL v. JOHNS-MANVILLE SALES CORP.

Civ. A. Nos. 81-1501, 81-1790.

595 F.Supp. 971 (1984)

Theodore P. GOGOL and Madeline Gogol, his wife, Plaintiffs, v. JOHNS-MANVILLE SALES CORPORATION, Successor to Johns-Manville Products Corporation; Johns-Manville Canada, Inc., formerly known as Canadian Johns-Manville Company, Ltd.; Carey Canadian Mines, Ltd., Subsidiary of Panacon Corporation; Owens Illinois, Inc.; Keene Corporation; Keene Building Products Corporation; Raybestos-Manhattan, Inc.; the Celotex Corporation, Successor in interest to Philip Carey Manufacturing Co., Philip Carey Corp., Briggs Manufacturing Co., and Panacon Corp.; Owens Corning Fiberglas Corporation; and John Doe; Fred Doe; James Doe; Joseph Doe; Tom Doe; Harry Doe; Robert Doe; Ken Doe; Daniel Doe; Michael Doe; Larry Doe; Ben Doe; and Bill Doe; and Pittsburgh Corning Corp., as successor in interest to Unarco Industries, Inc., Defendants. Robert J. SEMPLE and Evangeline Semple, his wife, Plaintiffs, v. JOHNS-MANVILLE SALES CORPORATION, Successor to Johns-Manville Products Corporation; Nicolet Industries; Keene Corporation; Keene Building Products Corporation; Raybestos-Manhattan, Inc.; the Celotex Corporation, Successor in interest to Philip Carey Manufacturing Co., Philip Carey Corp., Briggs Manufacturing Co., and Panacon Corp.; Armstrong Cork Company; and John Doe; Fred Doe; James Doe; Joseph Doe; Tom Doe; Harry Doe; Robert Doe; Ken Doe; Daniel Doe; Michael Doe; Larry Doe; Ben Doe; and Bill Doe; and Pittsburgh Corning Corp., as successor in interest to Unarco Industries Corp., Defendants.

United States District Court, D. New Jersey.

October 16, 1984.

Attorney(s) appearing for the Case

Ergood & Gavin, P.A., Westmont, N.J., for plaintiffs Theodore P. Gogol and Madeline Gogol, his wife; and Robert J. Semple and Evangeline Semple, his wife.

Budd, Larner, Kent, Gross, Picillo & Rosenbaum, Newark, N.J., for defendant Johns-Manville Sales Corp.

McCarter & English, Newark, N.J., for defendant Owens-Illinois, Inc.

Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, Roseland, N.J., for Keene Corp. and Keene Bldg. Products Corp.

Morgan, Melhuish, Monaghan & Spielvogel, Livingston, N.J., for Raybestos-Manhattan, Inc.

Tuso, Gruccio, Pepper, Buonadonna, Giovinazzi & Butler, P.A., Vineland, N.J., for Celotex Corp.

Horn, Kaplan, Goldberg & Gorny, Atlantic City, N.J., for Owens Corning Fiberglas Corp.

Henry R. Simon, Newark, N.J., for Pittsburgh Corning Corp.

Horuvitz, Perlow & Morris, Bridgeton, N.J., for Nicolet Industries.

Steedle, Megargee, Youngblood, Franklin & Corcoran, Pleasantville, N.J., for Armstrong Cork Co.

GERRY, District Judge.

These are two asbestos cases which the court is treating together because the issues are identical. The plaintiffs allege that they contracted the disease of asbestosis as a proximate result of exposure to asbestos-containing products supplied by, among others, defendant Pittsburgh Corning, to the plaintiffs' employer.

According to the certification of plaintiffs' counsel, plaintiffs were shipyard workers who worked in close proximity...

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