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BARNETT v. CITY OF YONKERS

No. 87 Civ. 5401 (JFK).

731 F.Supp. 594 (1990)

Diane BARNETT, Individually and as Administratrix of the Estate of Richard Barnett, M.D., Plaintiff, v. The CITY OF YONKERS and The Board of Education of the City of Yonkers, United States Gypsum Company, U.S. Mineral Products, The Celotex Corporation, Stuart Mueller Associates, Inc., and Eli Rabineau, Defendants.

United States District Court, S.D. New York.

February 8, 1990.

Attorney(s) appearing for the Case

Levy Phillips & Konigsberg, New York City (Stanley J. Levy and Janet M. Delohery, of counsel), for plaintiff.

J. Radley Herold, Corp. Counsel, Yonkers, N.Y. (Michell H. Klemperer, of counsel), for defendant City of Yonkers.

Anderson, Banks, Moore, Curran & Hollis, Mount Kisco, N.Y. (James P. Drohan, of counsel), for defendant Bd. of Educ. of City of Yonkers.

Anderson Kill Olick & Oshinsky, New York City (Judith A. Yavitz and Frank S. Occhipinti, of counsel), for defendant U.S. Gypsum Co.

Walker, Walker & Kapiloff, New York City (Edward N. Walker and Daniel S. Wohlfarth, of counsel), for defendant Eli Rabineau.

Bernstein, Weiss, Coplan, Weinstein & Lake, New York City (Norman Coplan, of counsel), for amici curiae The American Institute of Architects and The N.Y. State Ass'n of Architects, Inc.

Norman H. Gross, Counsel to the N.Y. State School Boards Ass'n, Albany, N.Y. (Henry F. Sobota, of counsel), for amicus curiae N.Y. State School Boards Ass'n.

OPINION AND ORDER

KEENAN, District Judge.

BACKGROUND

Plaintiff in this wrongful death and loss of services, society and consortium action alleges that plaintiff's decedent's death was caused by exposure to friable asbestos while decedent was a student at Walt Whitman Junior High School in Yonkers (the "school") between 1967 and 1970. This case differs from the typical asbestos-related lawsuit in that plaintiff has not sued asbestos millers, manufacturers...

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