Monte v. National Gypsum Co.

Full title: NANCY CASSESE MONTE, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF…

Court: United States Court of Appeals, Second Circuit

Date published: Sep 17, 1990

913 F.2d 58 (2d Cir. 1990)

Opinion

No. 177, Docket 90-6143.

Argued September 17, 1990.

Decided September 17, 1990.

Steven J. Phillips (Diane Paolicelli, Alani Golanski, Levy Phillips Konigsberg, New York City, of counsel), for plaintiff-appellant.

Steven Cooper (Frank S. Occhipinti, Anderson Kill Olick Oshinsky, P.C., New York City, of counsel), for defendants-appellees AC S, Inc., Armstrong World Industries, Inc., GAF Corp., Pittsburgh-Corning Corp., Fibreboard Corp., National Gypsum Co., U.S. Gypsum Co., Dana Corp., CertainTeed Corp., and T N plc, f/k/a Turner Newall PLC.

Appeal from the United States District Courts for the Eastern and Southern Districts of New York.

Before OAKES, Chief Judge, MESKILL, Circuit Judge, and RESTANI, Judge, U.S. Court of International Trade.^_

_ Honorable Jane E. Restani, sitting by designation.

PER CURIAM:

In light of the pendency of trial commencing tomorrow in the Eastern District of New York, this appeal — involving several of the defendants — having been argued today, is decided today. We affirm the judgment that against these defendants there has been no revival of plaintiff's cause of action under New York law, but an opinion will follow in due course.