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U.S.D. NO. 490 v. CELOTEX CORP.

No. 51,030

6 Kan. App. 2d 346 (1981)

629 P.2d 196

UNIFIED SCHOOL DISTRICT No. 490, BUTLER COUNTY, KANSAS, Plaintiff-Appellee, v. THE CELOTEX CORPORATION, Defendant-Appellant, and SUNFLOWER ROOFING AND INDUSTRIES, INC., Defendant-Appellee.

Court of Appeals of Kansas.

Petition for review denied July 16, 1981.

Attorney(s) appearing for the Case

John D. Jones, of Greene, Buckley, DeRieux & Jones, of Atlanta, Georgia, and Jerry W. Hannah, of Hannah and Focke, of Topeka, for defendant-appellant.

Wayne T. Stratton and Harold S. Youngentob, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, and Fred W. Rausch, Jr., of Topeka, for plaintiff-appellee.

O.J. Connell, Jr., of Connell & Connell, of El Dorado, for defendant-appellee.

Before ABBOTT, P.J., REES and SPENCER, JJ.

ABBOTT, J.:

This appeal is from a judgment entered in an action by Unified School District No. 490, Butler County, Kansas (USD 490), for both actual and punitive damages, claiming the defendant The Celotex Corporation (Celotex) sold and Sunflower Roofing and Industries, Inc. (Sunflower), had installed a two-ply, built-up roofing system on the El Dorado High School building. USD 490 claimed recovery for fraud and breach of warranty. The jury returned a verdict in favor...

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