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CHASE v. DOW CHEMICAL CO.

No. 87-2060.

875 F.2d 278 (1989)

Blaine B. CHASE, C. Alan Hackstaff and Robert Hackstaff, Plaintiffs-Appellants, v. The DOW CHEMICAL COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 19, 1989.

Attorney(s) appearing for the Case

William E. Dorigan of Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., for plaintiffs-appellants.

Bruce D. Drucker of Rivkin, Radler, Dunne & Bayh, Chicago, Ill. (Warren S. Radler, Dale R. Crider, Dorothy B. Zimbrakos, and Victoria A. Walkowicz of Rivkin, Radler, Dunne & Bayh, Chicago, Ill., Walter A. Steele and Michael L. O'Donnell of White and Steele, Denver, Colo., and J. Roger Lochhead of The Dow Chemical Co. Legal Dept., Litigation Section, Midland, Mich., of counsel), for defendant-appellee.

Before LOGAN, SETH and TACHA, Circuit Judges.

SETH, Circuit Judge.

Plaintiffs brought this diversity action to recover damages allegedly caused by defendant Dow Chemical Company's product, Sarabond, to the exterior masonry walls of plaintiffs' three-story office building. Dow moved for summary judgment, citing a 1981 Release and Indemnification Agreement executed between it and plaintiffs, wherein Dow paid plaintiffs $30,000 to resolve a dispute over cracking in the brick piers supporting the canopy over the...

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