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ROBINSON v. U.S.

No. 86 Civ. 6334 (CSH).

730 F.Supp. 551 (1990)

In the Matter of Sally ROBINSON, as Personal Representative of the Estate and Beneficiaries of Edward Robinson, Plaintiff, v. UNITED STATES of America, Nicolet, Inc., Individually and as Successor in Interest to Keasby & Mattison Company, Certainteed Corporation, Individually and as Successor in Interest to Keasby & Mattison Company, Keene Corporation, Individually and as Successor in Interest to Ehret Magnesia Manufacturing Company, the Celotex Corporation, Individually and as Successor in Interest to Philip Carey Manufacturing Company; Raymark Industries, Inc., Individually and as Successor in Interest to Raybestos-Manhattan, Inc., Armstrong World Industries, Inc., Eagle-Picher Industries, Inc., Individually and as Successor in Interest to Eagle-Picher Company, Defendant.

United States District Court, S.D. New York.

January 24, 1990.

Attorney(s) appearing for the Case

Dickstein, Shapiro & Morin, Washington, D.C. (George Kaufmann and Howard N. Feldman, of counsel), and Levy Phillips & Konigsberg, New York City (Howard N. Feldman, of counsel), for plaintiff Sally Robinson.

McCarter & English, Newark, N.J. (Andrew T. Berry and John C. Garde, of counsel), for defendant The Celotex Corp.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendant, an asbestos manufacturer, moves to dismiss for lack of subject matter jurisdiction plaintiff's tort claims for damages allegedly caused by her late husband's exposure to asbestos while serving as an engineer aboard vessels at sea. Defendant's motion raises the question whether such claims fall within the admiralty jurisdiction of the federal district...

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