In Re Related Asbestos Cases

MEMORANDUM OF DECISION

RE SUCCESSOR LIABILITY

Cross-motions on the issue of the successor liability of defendant Pittsburgh Corning Corporation (Pittsburgh Corning) came before the court for hearing on October 3, 1983. The court, having reviewed the memoranda submitted in support of and in opposition to the cross-motions, and having heard argument of counsel, rules as follows.

FACTUAL BACKGROUND

The issue before the court is whether Pittsburgh Corning is to be held liable as the successor manufacturer and distributor of an asbestos-containing product, Unibestos. Unibestos was originally manufactured from approximately 1936 through 1962 by Unarco Industries, Inc. (Unarco). In 1962, Unarco sold the entire Unibestos product line, including the know-how, manufacturing facilities, customer lists, and exclusive right to use the trade name “Unibestos” to Pittsburgh Corning. From 1962 to 1972, Pittsburgh Corning was the sole manufacturer, producer, and distributor of Unibestos. In 1972, Pittsburgh Corning ended its manufacture, production, and distribution of Unibestos.

Following the 1962 sale of Unibestos to Pittsburgh Corning, Unarco remained in business, manufacturing and selling…