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JOHNSON COUNTY, TENN. v. U.S. GYPSUM CO.

No. CIV-2-83-262.

580 F.Supp. 284 (1984)

COUNTY OF JOHNSON, TENNESSEE, acting By and Through its BOARD OF EDUCATION and Superintendent of Schools v. UNITED STATES GYPSUM COMPANY, National Gypsum Company, the Celotex Corporation, and Carey Canada.

United States District Court, E.D. Tennessee, Northeastern Division.

Report and Recommendation December 12, 1983.

Attorney(s) appearing for the Case

W. Mitchell Cramer and Michael Y. Rowland of Rowland & Rowland, P.C., Knoxville Tenn., for plaintiff.

Rebecca O. Gillen, Darryl G. Lowe, Martin L. Ellis, Erma G. Greenwood and John T. Buckingham, Knoxville, Tenn., for defendants.

ORDER

HULL, District Judge.

The report and recommendation of the United States Magistrate is hereby adopted and approved.

Accordingly, it is ORDERED that the motions to dismiss of the defendants U.S. Gypsum, National Gypsum, Celotex, and Carey Canada are GRANTED IN PART and DENIED IN PART. The plaintiff's claims based on the following theories are DISMISSED: (i) warranty; (ii) any action under the Tennessee...

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