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LONE STAR INDUSTRIES, INC. v. McGRAW

No. 2010-IA-01005-SCT.

LONE STAR INDUSTRIES, INC., SPECIALTY SAND COMPANY, PEARL SANDS INC., PEARL SPECIALTY SANDS, INC. AND DEPENDABLE ABRASIVES, INC. v. CHARLES LARRY McGRAW AND NIKKI McGRAW.

Supreme Court of Mississippi.

February 2, 2012.

Attorney(s) appearing for the Case

KIMBERLY P. MANGUM , DAVID A. BARFIELD , G. MARTIN STREET, JR. , W. WRIGHT HILL, JR. , CLYDE L. NICHOLS, III , WADE G. MANOR , J. SCOTT ROGERS , SILAS W. MCCHAREN and SANDRA D. BUCHANAN Attorneys for Appellants.

DAVID NEIL McCARTY , R. ALLEN SMITH, JR. , TIMOTHY W. PORTER , PATRICK MALOUF , JOHN T. GIVENS , Attorneys for Appellees.

BEFORE CARLSON, P.J., KITCHENS AND CHANDLER, JJ.

CHANDLER, JUSTICE, FOR THE COURT:

¶ 1. On February 6, 2009, Charles Larry McGraw filed a personal-injury action in the Circuit Court of Claiborne County against four sand suppliers: Clark Sand Company, Inc.; Mississippi Valley Silica Co. Inc.; Precision Packaging, Inc.; and Custom Aggregates and Grinding, Inc. McGraw alleged the four defendants' sand caused his lung disease, silicosis.1 On the day of the trial, after the jury had...

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