TOMLINSON v. CELOTEX CORP.

No. 62,113

244 Kan. 474 (1989)

770 P.2d 825

RICHARD W. TOMLINSON, Plaintiff, v. THE CELOTEX CORPORATION, et al., Defendants.

Supreme Court of Kansas.

Opinion filed March 3, 1989.


Attorney(s) appearing for the Case

Dennis J. Dobbels, of Polsinelli, White, Vardeman & Shalton, P.C., of Kansas City, Missouri, argued the cause, and David A. Welte and Paul E. Vardeman, of the same firm, and Joseph R. Colantuono, of the same firm, of Overland Park, were with him on the briefs for defendants The Celotex Corporation, Fibreboard Corporation, GAF Corporation, Keene Corporation, Owens-Corning Fiberglas Corporation, Owens-Illinois Corporation, Inc., and Pittsburgh-Corning Corporation.

Bryce A. Abbott and Michael P. Oliver, of Wallace, Saunders, Austin Brown & Enochs, Chartered, of Overland Park, were on the briefs for defendant Eagle-Picher Industries, Inc.

Dan L. Wulz, of Bryan, Lykins, Hejtmanek & Wulz, P.A., of Topeka, argued the cause, and Paul H. Hulsey, of Ness, Motley, Loadholt, Richardson & Poole, P.A., of Charleston, South Carolina, was with him on the brief for plaintiff.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

This case was filed in the United States District Court for the District of Kansas and comes before this court by certification pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq. This court accepted certification, and the question as framed by the certifying order is:

Does the ten-year limitation of K.S.A. 60-513(b) apply to claims involving latent...

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