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WESLEY THEOLOGICAL SEMINARY OF UNITED METHODIST CHURCH v. U.S. GYPSUM CO.

No. 88-7144.

876 F.2d 119 (1989)

WESLEY THEOLOGICAL SEMINARY OF THE UNITED METHODIST CHURCH, Appellant, v. UNITED STATES GYPSUM COMPANY.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1989.

Attorney(s) appearing for the Case

Peter T. Enslein, Washington, D.C., with whom James M. Hanny, Landover, Md., and Michelle A. Parfitt, Washington, D.C., were on the brief, for appellant.

Thomas B. Kenworthy, Philadelphia, Pa., with whom Grace E. Speights, Washington, D.C., was on the brief, for appellee.

Frederick D. Cooke, Jr., Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Lutz Alexander Prager, Asst. Deputy Corp. Counsel, Washington, D.C., were on the brief for amicus curiae, urging reversal and remand.

Before STARR, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

A firm or firms that constructed buildings for The Wesley Theological Seminary in 1957-60 used ceiling tiles purchased from the defendant, United States Gypsum Company. The tiles contained asbestos. In early 1984 an industrial hygienist retained by Wesley reported that the ceilings had released asbestos fibers in the past and would do so in the future. Wesley then began...

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