PERRIN v. ACANDS

No. 95-1080.

68 F.3d 1122 (1995)

Karen J. PERRIN, executor of the estate of Arthur F. Perrin; Karen J. Perrin; Plaintiffs-Appellants, v. ACANDS, formerly known as Armstrong Contracting & Supply, doing business as A C and S, Inc., a Delaware corporation; Anchor Packing Company, a New Jersey corporation; Armstrong World Industries, Inc., a Pennsylvania corporation individually and as successor in interest to Armstrong Cork Company, and as successor in interest to Armstrong Contracting & Supply, Inc. (now known as Acands, Inc. d/b/a A C and S, Inc. in Iowa); Defendants, Fibreboard Corporation, a Delaware corporation, individually and as successor in interest to Fibreboard Paper Products Corp., Pabco Insulation Company, Plant Rubber & Asbestos Works and Plant Asbestos Co.; Defendant-Appellee, Flexitallic Gasket Company, Inc., a Delaware corporation; Foster Wheeler Corporation, a New York corporation; Foster Wheeler Energy Corporation, a Delaware corporation, individually and as a subsidiary of Foster Wheeler Corporation; GAF Corporation, a Delaware corporation, individually and as successor in interest to the Ruberoid Company; A P Green Industries, formerly known as A P Green Refractories Company, Inc., a Delaware corporation; Keene Corporation, a Delaware and a New York corporation individually and as successor in interest to Baldwin-Hill Co., Baldwin-Ehret-Hill, Inc., Ehret Magnesia Manufacturing Co., the Insulation Division of Mundet Cork Co., Mundet Co., and as owner of or successor in interest to Keene Building Products Corporation; Defendants, Owens-Corning Fiberglas Corporation, a Delaware corporation; Owens-Illinois, Inc., a Delaware and an Ohio corporation; Defendants-Appellees, United States Gypsum Company, a Delaware corporation, individually and as successor in interest to A P Green Industries, Inc., formerly known as A P Green Refractories Company, Defendant. Owens-Illinois, Inc., a Delaware and an Ohio corporation; Third party plaintiff, Atlas Turner, Inc., Flintkote Company; Third party defendant, Owens-Corning Fiberglas Corporation; Third party plaintiff, Flintkote Company; Third party defendant, Owens-Corning Fiberglas Corporation; Third party plaintiff, Atlas Turner, Inc.; Third party defendant, Owens-Corning Fiberglas Corporation; Third party plaintiff, Pittsburgh Corning, Third party defendant.

United States Court of Appeals, Eighth Circuit.

Decided October 30, 1995.


Attorney(s) appearing for the Case

Richard Henry Doyle IV, Des Moines, IA, argued (Michael J. Galligan, Timm W. Reid and R. Todd Gaffney, on the brief), for appellant.

Robert G. Toews, Granville, OH, argued (John D. Ackerman, Sioux City, IA, and Karen I. Ward, Granville, OH, on the brief), for appellee Owens-Corning.

Virginia M. Giokaris, Kansas City, MO, argued, for appellee Owens-Illinois and Fibreboard.

Before FAGG, BOWMAN, and HANSEN, Circuit Judges.


PER CURIAM.

Karen J. Perrin, executor of Arthur F. Perrin's estate, brought this tort action against several asbestos manufacturers asserting Arthur's exposure to the manufacturers' asbestos products caused him to contract cancer. Applying Iowa law, the district court granted summary judgment to the asbestos manufacturers, holding Perrin failed to submit enough evidence to raise a reasonable inference that Arthur was exposed...

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