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Bennie Edwards and Joann Edwards v. Armstrong World Industries, Inc., the Celotex Corporation

Citations: 56 F.3d 24; 1995 U.S. App. LEXIS 14301; 1995 WL 337689Docket: 92-1557

Court: Court of Appeals for the Fifth Circuit; June 7, 1995; Federal Appellate Court

Narrative Opinion Summary

The Fifth Circuit Court of Appeals addresses the case of Bennie and Joann Edwards versus Armstrong World Industries, Inc., with a specific focus on the appeal by The Celotex Corporation. The case is on remand from the Supreme Court, which reversed a previous decision made by the Fifth Circuit. Following the Supreme Court's mandate in *Celotex Corporation v. Edwards*, the appellate court reverses the district court's judgment that had granted the Edwards enforcement on a supersedeas bond filed by Northbrook Property and Casualty Insurance Company. Due to the death of Senior Circuit Judge Irving L. Goldberg, the case is being adjudicated by a quorum, as permitted under 28 U.S.C. Sec. 46(d).

Legal Issues Addressed

Adjudication by Quorum

Application: The case is being adjudicated by a quorum of judges due to the death of Senior Circuit Judge Irving L. Goldberg, as allowed under the statutory provisions.

Reasoning: Due to the death of Senior Circuit Judge Irving L. Goldberg, the case is being adjudicated by a quorum, as permitted under 28 U.S.C. Sec. 46(d).

Enforcement of Supersedeas Bond

Application: The appellate court reverses the district court's judgment that had granted the Edwards enforcement on a supersedeas bond filed by Northbrook Property and Casualty Insurance Company.

Reasoning: Following the Supreme Court's mandate in *Celotex Corporation v. Edwards*, the appellate court reverses the district court's judgment that had granted the Edwards enforcement on a supersedeas bond filed by Northbrook Property and Casualty Insurance Company.