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ARMSTRONG WORLD INDUSTRIES ASKS COURT OF APPEALS TO STAY EFFECT OF ITS OCT. 28 DECISION UNTIL ARMSTRONG PETITIONS U.S. SUPREME COURT FOR REVIEW

 LANCASTER, Pa., Nov. 25 ~PRNewswire~ -- Armstrong World Industries, Inc. (NYSE: ACK), announced today that it has asked the U.S. Court of Appeals for the Third Circuit to stay the effect of its October 28, 1992 decision until Armstrong petitions the U.S. Supreme Court for review.
 Armstrong filed its motion after the Court of Appeals issued orders late Tuesday denying petitions filed by Armstrong and The Industry Network System, Inc. (TINS) for reconsideration of the October 28 decision by the full Court of Appeals.
 In its motion, Armstrong says that it "will present to the Supreme Court of the United States by petition for a writ of certiorari important and substantial issues involving substantive rights of Armstrong." (A petition for a writ of certiorari is a formal request that the Supreme Court agree to review a lower court's decision.)
 In the motion that it filed today, Armstrong said it plans to tell the Supreme Court that the October 28 opinion is contrary to several Supreme Court decisions and contains errors of law that call for the Supreme Court's review.
 The errors of law include:
 -- That the October 28 decision permits another trial on TINS' conspiracy claim under Section 1 of the Sherman Act even though the record does not contain the type of evidence that the Supreme Court requires to prove an antitrust conspiracy; and
 -- That, contrary to established law, the October 28 decision would permit TINS to recover under the Sherman Act without evidence showing an "unreasonable restraint of trade" in an established market containing both Armstrong's and TINS' products.
 Armstrong's motion says that if the Supreme Court resolves these issues in favor of Armstrong, need for a retrial of TINS' claims would be eliminated. The motion requests that the Court of Appeals stay its decision so that no retrial can be held until the Supreme Court has been able to consider Armstrong's petition. Otherwise, the motion says, "the case could be tried on remand based on legal conclusions subsequently declared by the Supreme Court to be erroneous, producing even more delay, confusion and uncertainty."
 Armstrong is hopeful that the Court of Appeals will act on its stay motion within the next week.
 -0- 11~25~92
 ~CONTACT: Armstrong Public Relations, 717-396-3313~
 (ACK)


CO: Armstrong World Industries, Inc. ST: Pennsylvania IN: TEX SU:

LJ -- PH013 -- 1483 11~25~92 11:25 EST
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Date:Nov 25, 1992
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