Document 91ODo6yzJ1YDOVw1NYrQXxrGq

. *' * FREDERICK M. BARON Russell w. auoo BRCNT t*\ ROSENTHAL. JANr ML 5A43INAW' BRIAN 0. WEINSTEIN BERTRAM R. COTTINE* JANICE . ROBINSON or COUNSEL USA A. BLUE, PH. o. "ADMITTED IN D. C. ONLY oo Baeon & Associates A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS IOSO DALLAS FCOCRAL SAVINGS TOWER DaIUs^Isus 75225 (*IA>M-380S January 10, 1984 WASHINGTON OFFICE 'TIT' M. STREET*, Nw Wt . WASHINOTON, O. C. 10030 (303) 7TS-a7A Ms. Faye Ray Deputy Clerk Ft* Worth. Divison 202 U* S. Courthouse Ft* Worth, TX 76102 Re? Ida Mae Davis v* Johns-Manville Sales Corporation, et. al* ETo* CA4--82-68-K Dear Ms. Rayr Enclosed please find an original and two copies of Pre-Trial Order- to be filed in the above-referenced case* After filing, please return a copy of same conformed as to date of filing. By copy of this letter, all counsel of record will be provided with copies of same. Your courteous assistance in this matter is greatly appreciated. Sincerely, RWBspl Enel. RUSSELL W* BUDD . IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION IDA MAE DAVIS as Representstive of the Heirs and Estate of LEE ROY DAVIS, Deceased VS- JOHNS-MANVILLE SALES ' . CORPORATION, ET AL CIVIL ACTION NO. CA4-82-68-K PRE-TRIAL ORDER Prior to a pretrial conference and pursuant to Rule IS of the Federal Rules of Civil Procedure and the Local Rules of this Court, it is agreed, stipulated and ordered as follows: r. APPEARANCES For the Plaintiff Mr. Russell Budd of FREDERICK BARON & ASSOCIATES 1050 Dallas Federal Savings Tower Dallas-, Texas 75225 For the Defendant, FIBREBOARD CORPORATION Mr. Dan Mayfield of SHEEHY, LOVELACE & MAYFIELD American-Amicable Bldg. Waco, Texas 76701 For the Defendant, CELOTEX CORPORATION Mr. Don W. Kent of BUCHANAN, BARNETT, SCHOFIELD & KENT 231 South College Tyler, Texas 75702 For the Defendant, EAGLE-PICHER INDUSTRIES, INC. Mr. Joe Michael Russell and Mr. Jack K. Smith of SMITH, RALSTON, RUSSELL & WRIGHT P. 0. Box "P" Corsicana, Texas 75110 no For theLefendant,' KEENE CORPORATION ^ For the Defendant, PITTSBURGH CORNING CORPORATION For the Defendant, NICOLET INDUSTRIES For the Defendant, OWENS-ILLINOIS:, INC. Howard Waldrop- and Dennis Chambers o ATCHLEY, RUSSELL, WALDROP & HLAVINKA P. 0. Box 1049 Texarkana, Texas 75504-1049 Mr. Danny M. Needham of GIBSON, OCHSNER & ADKINS P. 0. Box 1510 Amarillo, Texas 79105 Mr. Jack Flock of RAMEY, FLOCK, HUTCHINS, mcclendon & crawford P.* 0. Box 529 Tyler,-Texas 75710 JEFFUS, Mr. Arthur Stamm of BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002 D VI. : ~ : UNCOKTESTED' FACTS' It is agreed and stipulated and this Court's jurisdiction has been properly invoked pursuant to diversity jurisdiction. This suit was filed by IDA MAY DAVIS. Plaintiff has sued the following Defendants? 1. 2. 3. 4. 5. 6. 7. 8. 9-. 10.. IX. 12. 23. 14. Johns-Manville Sales Corporation; Fibreboard Corporation; Owens-Coming Fiberglas Corporation; Celotex Corporation; Eagle-Picher Industries, Inc.; Armstrong Cork Company; GAF Corporation; Keene Corporation; Unarco Industries, Inc.; Pittsburgh Corning Corporation; Nicolet Industries; Raybestos-Manhattan, Inc.; Forty-Eight Insulations, Inc.; Owens-Illinois, Inc.; Johns-Manville Sales Corporation and Unarco Industries, Inc. have filed for bankruptcy. Plaintiff has settled her claim against the following Defendants and agreed to indemnify them from any further liability: GAF Corporation for $7,500.00; Forty-Eight Insulation, Inc. for $4,000.00 ; Armstrong Cork Company for $2,500.00 ; Raybestos- Manhattan, Inc. for $3,000.00 ; Owens-Corning Fiberglas Corpora tion for $45,000.00 It is agreed that all x-rays, hospital and medical records identified by deposition or authenticated under the Court rules or obtained by authorization and exchanged between the parties in this n case can be considered as properly proved as business records : only, preliminary to the offer into evidence. Defendant, Keene Corporation has contended in this case that it never manufactured thermal insulation products containing asbestos, and that it cannot be held liable for the acts of certain alledged predecessor corporations. For purposes of this case only, and without prejudicing its right to assert this defense or contention in any manner in the future, Defendant Keene Corporation agrees to pay all damages and costs assessed by the Judge or jury and any Final Judgment entered against it in this case on the basis of exposure to products manufactured by Keene Corporation, Baldwin-Hill Company, Erhet-Magnesia Corporation, Baldwin-Erhet-HilL Company and The Keene Building Products Corporation. This agreement by Keene is subject to and without waiving any basis or right it may have to appeal the Final Judgment entered in this cause of action. Plaintiff and Defendants agree and stipulate that the depo sition of H. Corwin Hinshaw taken in the cause of action in the case of "Jimmie L. Vaughan vs. Johns-Manville Sales Corporation, et al, Civil Action No. CA3^01-0070-F, in the United States District Court for the Northern District of Texas, Dallas Division" on April 23, 1282, can be used in this case as if noticed and taken herein. Celatex. Corporation is successor in. interest to PhilipCarey Corporation, Briggs Manufacturing Company and Panacon Corporation except as to any alleged punitive liability. For the Defendant, NICOLET INDUSTRIES, INC For the Defendant, OWENS-ILLINOIS, INC. )Jack Flock of 2Y, FLOCK, HUTCHINS, MCCLENDON & CRAWFORD P. 0. Box 629 Tyler, Texas 75710 JEFFUS, ___ _ .I^WV Mr. Arthur Stamm ofv BAKER & BOTTS 300.0 One Shell Plaza Houston, Texas 77002 SIGNED this ______day of , 1984 UNITED STATES DISTRICT JUDGE T