Hargrave v. Fibreboard Corp‪.‬

In these consolidated appeals we are asked to review the dispositions of various pretrial motions filed by a third-party defendant embroiled in asbestos-related litigation. In Fults (No. 82-2236), third-party defendant Turner & Newall, Ltd. ("T & N") moved to dismiss the third-party complaint against it for lack of in personam jurisdiction and also moved for summary judgment in its favor. In Hargrave (No. 82-2231), T & N waived its objection to the courts personal jurisdiction and entered a motion for summary judgment. The district court denied the jurisdictional motion to dismiss in Fults, but granted summary judgment for T & N in both cases. Because we conclude that the district court erred in denying T & Ns motion to dismiss in Fults, we vacate the summary judgment entered in that case and remand to the district court with instructions to dismiss. As to the district courts entry of summary judgment in Hargrave, we affirm.