1996 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

6-27-1996

Georgine v. Amchem Prod Inc

Precedential or Non-Precedential:

Docket 94-1925,94-1927,94-1928,94-1929

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Recommended Citation

"Georgine v. Amchem Prod Inc" (1996). 1996 Decisions. Paper 176.

http://digitalcommons.law.villanova.edu/thirdcircuit_1996/176
CAO51 U. S. Department of 

Justice

D 

J 

 Consolidated Administrative 

Office 

 Washington, D.C. 20530

 UNITED STATES 

COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

_______________________________________________ 

NOS. 94-1925, 94-1927, 94-1928, 94-1929, 94-1930, 94-1931, 

94-1932, 94-1960, 94-1968, 94-2009, 94-2010, 94-2011, 

94-2012, 94-2013, 94-2066, 94-2067, 94-2068, 94-2085, 95-1705 

_______________________________________________ 

ROBERT A. GEORGINE; LAVERNE WINBUN, EXECUTRIX OF THE ESTATE 

OF JOSEPH E. WINBUN, DECEASED, AND IN HER OWN RIGHT; AMBROSE 

VOGT, JR.; JOANNE VOGT, HIS WIFE; CARLOS RAVER; DOROTHY M. 

RAVER, HIS WIFE; TIMOTHY MURPHY; GAY MURPHY, HIS WIFE; TY T. 

ANNAS; ANNA MARIE BAUMGARTNER, EXECUTRIX OF THE ESTATE OF 

JOHN A. BAUMGARTNER, DECEASED; NAFSSICA KEKRIDES, 

INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF PAVLOS 

KEKRIDES, DECEASED; WILLIAM H. SYLVESTER, EXECUTOR AND 

PERSONAL REPRESENTATIVE OF THE ESTATE OF 

FRED A. SYLVESTER, DECEASED 

 v. 

AMCHEM PRODUCTS, INC.; A.P. GREEN INDUSTRIES, INC.; 

ARMSTRONG WORLD INDUSTRIES, INC.; CERTAINTEED CORPORATION; 

C.E. THURSTON & SONS, INC.; DANA CORPORATION; FERODO 

AMERICA, INC.; FLEXITALLIC, INC.; GAF BUILDING MATERIALS, 

INC.; I.U. NORTH AMERICA, INC.; MAREMONT CORPORATION; 

**ASBESTOS CLAIMS MANAGEMENT CORP; NATIONAL SERVICES INDUSTRIES, 

INC.; NOSROC CORPORATION; PFIZER, INC.; QUIGLEY COMPANY, INC.; 

SHOOK & FLETCHER INSULATION COMPANY; T&N, PLC; 

**UNION CARBIDE CORPORATION; UNITED STATES GYPSUM COMPANY 

 v. 

ADMIRAL INSURANCE COMPANY; AFFILIATED FM INSURANCE COMPANY; 

AIU INSURANCE COMPANY; ALLIANZ INSURANCE COMPANY; ALLIANZ 

UNDERWRITERS INSURANCE COMPANY, INDIVIDUALLY AND AS 
SUCCESSOR TO ALLIANZ UNDERWRITERS, INC.; ALLSTATE INSURANCE 

COMPANY, AS SUCCESSOR TO NORTHBROOK EXCESS AND SURPLUS 

INSURANCE COMPANY; AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA; 

AMERICAN CENTENNIAL INSURANCE COMPANY; AMERICAN HOME 

ASSURANCE COMPANY; AMERICAN MOTORISTS INSURANCE COMPANY; 

AMERICAN RE-INSURANCE COMPANY; APPALACHIAN INSURANCE COMPANY 

OF PROVIDENCE; ARGONAUT INSURANCE COMPANY; ATLANTA INTERNATIONAL 

INSURANCE COMPANY; CAISSE INDUSTRIELLE D'ASSURANCE MUTUELLE; 

C.E. HEATH COMPENSATION AND LIABILITY INSURANCE COMPANY AS 

SUCCESSOR TO EMPLOYERS' SURPLUS LINE INSURANCE COMPANY; 

CENTENNIAL INSURANCE COMPANY; CENTRAL NATIONAL INSURANCE 

COMPANY OF OMAHA; CHICAGO INSURANCE COMPANY; CITY INSURANCE 

COMPANY; COLONIA VERSICHERUNG AKTIENGESELLSCHAFT; COLUMBIA 

CASUALTY COMPANY; COMMERCIAL UNION INSURANCE COMPANY, 

AS SUCCESSOR TO COLUMBIA CASUALTY COMPANY, EMPLOYERS COMMERCIAL 

UNION INSURANCE COMPANY, EMPLOYERS COMMERCIAL UNION INSURANCE 

COMPANY OF AMERICA, AND EMPLOYERS' LIABILITY ASSURANCE 

CORPORATION LIMITED; COMPAGNIE EUROPEENNE DE REASSURANCES; 

THE CONSTITUTION STATE INSURANCE COMPANY; CONTINENTAL CASUALTY 

COMPANY; EMPLOYERS MUTUAL CASUALTY COMPANY; EVANSTON 

INSURANCE COMPANY; EXECUTIVE RE INDEMNITY INC., AS SUCCESSOR 

TO AMERICAN EXCESS INSURANCE COMPANY; FEDERAL INSURANCE 

COMPANY; GENERAL REINSURANCE CORPORATION; GIBRALTAR 

CASUALTY COMPANY; GOVERNMENT EMPLOYEES INSURANCE COMPANY; 

GRANITE STATE INSURANCE COMPANY; HIGHLANDS INSURANCE COMPANY; 

THE HOME INDEMNITY COMPANY; THE HOME INSURANCE COMPANY; 

HOUSTON GENERAL INSURANCE COMPANY; HUDSON INSURANCE COMPANY; 

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; INTERSTATE 

FIRE & CASUALTY COMPANY; JEFFERSON INSURANCE COMPANY 

OF NEW YORK; LANDMARK INSURANCE COMPANY; LA PRESERVATRICE 

FONCIERE TIARD, INDIVIDUALLY AND AS SUCCESSOR TO LA 

FONCIERE ASSURANCES TRANSPORTS ACCIDENTS AND LA PRESERVATRICE; 

LE SECOURS; LEXINGTON INSURANCE COMPANY; LILLOISE D'ASSURANCES, 

AS SUCESSOR TO LILLOISE D'ASSURANCES ET DE REASSURANCES; 

LUMBERMENS MUTUAL CASUALTY COMPANY; MARYLAND 

CASUALTY COMPANY; MICHIGAN MUTUAL INSURANCE COMPANY; 

MUTUELLE GENERALE FRANCAISE; NATIONAL AMERICAN 

INSURANCE COMPANY OF CALIFORNIA, AS SUCCESSOR TO THE STUYVESANT 

INSURANCE COMPANY; NATIONAL UNION FIRE INSURANCE COMPANY OF 

PITTSBURGH, PA; NORTHBROOK INDEMNITY COMPANY; NORTH STAR 

REINSURANCE CORPORATION; OLD REPUBLIC INSURANCE COMPANY; 

PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY; 

THE PROTECTIVE NATIONAL INSURANCE COMPANY OF OMAHA; 

PRUDENTIAL REINSURANCE COMPANY; PURITAN INSURANCE COMPANY, 

INDIVIDUALLY AND AS SUCCESSOR TO THE MANHATTAN FIRE AND 

MARINE INSURANCE COMPANY; RANGER INSURANCE COMPANY; REPUBLIC 

INSURANCE COMPANY; SAFECO INSURANCE COMPANY OF AMERICA; 

SAFETY NATIONAL CASUALTY CORPORATION, AS SUCCESSOR 

TO SAFETY MUTUAL CASUALTY CORPORATION; ST. PAUL FIRE AND 

MARINE INSURANCE COMPANY, INDIVIDUALLY AND AS SUCCESSOR 

TO BIRMINGHAM FIRE INSURANCE COMPANY; ST. PAUL GUARDIAN 
INSURANCE COMPANY; STONEWALL INSURANCE COMPANY; STEONEWALL 

SURPLUS LINES INSURANCE COMPANY; SUN ALLIANCE AND LONDON 

INSURANCE PLC; TOKIO MARINE & FIRE INSURANCE COMPANY, LIMITED; 

THE TRAVELERS INDEMNITY COMPANY; THE TRAVELERS INSURANCE 

COMPANY; UNIGARD SECURITY INSURANCE COMPANY, AS SUCCESSOR TO 

UNIGARD MUTUAL INSURANCE COMPANY; UNION DES ASSURANCES DE PARIS; 

YOSEMITE INSURANCE COMPANY; EURINCO ALLEGEMEINE 

VERSICHERUNGS, A.G.; F&M INSURANCE COMPANY, LTD.; LA CONCORDE; 

LEXINGTON INSURANCE COMPANY, LTD.; L'UNION ATLANTIQUE S.A. 

D'ASSURANCES; N.V. ROTTERDAMSE ASSURANTIEKAS PER MEES & ZOONEN; 

NATIONAL CONTINENTAL INSURANCE COMPANY AS SUCCESSOR TO 

AMERICAN STAR INSURANCE COMPANY; NEWFOUNDLAND AMERICAN 

INSURANCE CO., LTD.; NEW HAMPSHIRE INSURANCE COMPANY, LTD.; 

PHOENIX ASSURANCE; RELIANCE INSURANCE COMPANY; SIRIUS (UK) 

INSURANCE COMPANY, PLC; TRIDENT GENERAL INSURANCE COMPANY; 

GREAT AMERICAN INSURANCE COMPANY; AMERICAN EMPIRE SURPLUS LINES 

INSURANCE COMPANY, AS AUTHORIZED AGENT ON BEHALF OF TRANSPORT 

INDEMNITY COMPANY 

 

 *George Windsor; Constance Windsor, Michael Windsor 

 and Karen Windsor, 

 Appellants in Nos. 94-1925/2009

 *White Lung Association of New Jersey, National 

 Asbestos Victims Legal Action Organizing Committee, 

 the Oil, Chemical, and Atomic Workers International 

 Union, The Skilled Trades Association, Myles O'Malley, 

 Marta Figueroa, Robert Fiore, Roh Maher, and Lynn Maher, 

 (in her own behalf and as next friend for her minor 

 children, Jessica Marie Maher, Jamie Marion Maher, and 

 Jennifer Megan Maher), 

 Appellants in Nos. 94-1927/1968

 *Richard R. Preston, Sr. and Louis C. Anderson, 

 Appellants in Nos. 94-1928/2013

 *Albert and Margaret Hertler, 

 Appellants in No. 94-1929

 *Richard E. Blanchard, D.D.S., Jack S. Boston, 

 James L. Anderson, Personal Representative of 

 Robert L. Anderson and Harrison O. McLeod, 

 Appellants in Nos. 94-1930/2066

 *Iona Cunningham, as representative of the estate of 

 Charles Cunningham, and Twila Sneed, 

 Appellants in Nos. 94-1931/2010

 *Aileen Cargile, Betty Francom, John Wong, John Soteriou, 

 Harold Hans Emmerich and Thomas Corey, 

 Appellants in Nos. 94-1932/2012
 *William J. Golt, Sr. and Phyllis Golt, 

 Appellants in Nos. 94-1960/2011

 

 *Joe and Lynne Dominguez, 

 Appellants in No. 94-2067

 *Kathryn Toy, individually, and as representative 

 of the estate of Edward Toy, 

 Appellants in Nos. 94-2068

 *John Paul Smith, 

 Appellant in No. 94-2085

 *Casimir Balonis, Margaret Balonis and Shepard A. Hoffman, 

 Appellants in No. 95-1705

 *(Pursuant to F.R.A.P. Rule 12(a)) 

 **(Pursuant to Clerk's Order dated 11/9/94) 

______________________________________ 

(D.C. Civ. No. 93-cv-00215) 

_____________________________________ 

Present: BECKER, STAPLETON, MANSMANN, 

GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, 

ROTH, LEWIS, McKEE, SAROKIN, Circuit Judges 

and WELLFORD,1 District Judge

______________________________________ 

 

SUR PETITION FOR PANEL REHEARING

WITH SUGGESTION FOR REHEARING IN BANC

______________________________________ 

 The petitions of plaintiffs/appellees Robert A. 

Georgine, et al., on behalf of themselves and all others 

similarly situated, and of defendants/appellees Amchem Products, 

Inc. Ltd. (other than GAF Corporation) for rehearing having been 

submitted to the judges who participated in the decision of this 

 

1

As to panel rehearing only. 
Court and to all the other available circuit judges in active 

service, and no judge who concurred in the decision having asked 

for rehearing, and a majority of the circuit judges of the 

circuit in regular active service not having voted for rehearing 

by the court in banc, the petition for rehearing is DENIED. 

 Judge Scirica would grant rehearing. 

 BY THE COURT: 

 /s/ Edward R. Becker 

 

 Circuit Judge 

Dated: June 27, l996