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SPARTANBURG CTY. SCH. DIST. v. NAT. GYPSUM CO.

No. 85-2273.

805 F.2d 1148 (1986)

SPARTANBURG COUNTY SCHOOL DISTRICT SEVEN, Appellant, v. NATIONAL GYPSUM COMPANY; United States Gypsum Company, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1986.

Attorney(s) appearing for the Case

Edward J. Westbrook, Jr., Barnwell, S.C. (Terry E. Richardson, Jr., Blatt & Fales, Barnwell, S.C., Daniel A. Speights, Hampton, S.C., on brief), for appellant.

Lawrence T. Hoyle, Jr., Philadelphia, Pa. (Hoyle, Morris & Kerr, Philadelphia, Pa., on brief), and Richard P. Brown, Jr., Philadelphia, Pa. (Frank L. Corrado, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., Patrick Michael Duffy, Michael A. Scardato, Morris, Duffy & Boone, Charleston, S.C., Edwin P. Martin, Steven W. Outzs, Turner, Padget, Graham & Laney, P.A., Columbia, S.C., Lively M. Wilson, Stites & Harbison, Louisville, Ky., on brief), for appellees.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Spartanburg County School District Seven appeals the judgment of the district court in its products liability action against National Gypsum Company and United States Gypsum Company in which a jury found no liability on the part of either company. Because of error in the charge to the jury, we vacate the judgment and remand the case for a new trial.

The school district sued to recover the cost of removing and replacing ceilings...

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