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FRIENDS UNIVERSITY v. W.R. GRACE & CO.

No. 50,468

227 Kan. 559 (1980)

608 P.2d 936

FRIENDS UNIVERSITY, a Not for Profit Corporation, Appellant, v. W.R. GRACE & CO., GAF CORPORATION; THE PENNSYLVANIA INSURANCE CO., and COMMERCIAL UNION INSURANCE CO., Appellees.

Supreme Court of Kansas.

Opinion filed April 5, 1980.

Attorney(s) appearing for the Case

Kenneth P. Stewart, of Boyer, Donaldson & Stewart, of Wichita, argued the cause, and Martin R. Ufford, of the same firm, was with him on the brief for the appellant.

H.E. Jones, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and J. Michael Kennalley, of the same firm, was with him on the brief for the appellee, W.R. Grace & Co.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action brought by Friends University against the manufacturers of certain roofing materials used in the construction of the university's new library building. The roof leaked and Friends alleges the defendants are liable therefor on theories of negligence, strict liability in tort, and breach of implied warranty. The two defendant insurance companies are successive sureties on defendant GAF...

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