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YOUNG RADIATOR CO. v. CELOTEX CORP.

No. 88-2691.

881 F.2d 1408 (1989)

YOUNG RADIATOR COMPANY, Plaintiff-Appellant, v. The CELOTEX CORPORATION, Defendant and Third-Party Plaintiff-Appellee, v. COOLEY AND BORRE & ASSOCIATES, INC., Korndoerfer Construction Company, F.J.A. Christiansen Roofing, Co., Inc., Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1989.

Attorney(s) appearing for the Case

Ronald F. Wallenfang, argued, Michael J. Dabertin, Angela Johnson Colbert, Quarles & Brady, Milwaukee, Wis., for Young Radiator Co.

John D. Bird, Jr., Churchill, Duback & Smith, Milwaukee, Wis., for Celotex Corp.

Edward A. Hannan, Godfrey, Trump & Hayes, Milwaukee, Wisc., for Cooley and Borre & Associates, Inc.

William W. Ehrke, Prosser, Wiedabach & Quale, Milwaukee, Wis., for F.J.A. Christiansen Roofing Co.

Joseph D. McDevitt, Borgelt, Powell, Peterson & Frauen, Milwaukee, Wis., for Korndoerfer Construction Co.

Before CUDAHY, FLAUM, and KANNE, Circuit Judges.

FLAUM, Circuit Judge.

This is a diversity action involving a leaky roof. Plaintiff Young Radiator Company ("Young") brought suit against the Celotex Corporation ("Celotex"), the manufacturer of the roofing system at issue, alleging negligent manufacture and defective design of the roof, breach of contract, and breach of warranty. The district court granted summary judgment in favor of Celotex, finding that Young's tort claims were time-barred under the applicable...

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