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JOHNSON COUNTY COM. COLLEGE v. NATIONAL GYPSUM

Civ. A. No. 88-2031-0.

733 F.Supp. 1413 (1990)

BOARD OF TRUSTEES OF JOHNSON COUNTY COMMUNITY COLLEGE, Plaintiff, v. NATIONAL GYPSUM COMPANY, Defendant.

United States District Court, D. Kansas.

March 27, 1990.

Attorney(s) appearing for the Case

Steven E. Crick, Kenneth B. McClain, Steven P. Callahan, Humphrey, Farrington & McClain, P.C., Independence, Mo., Robert F. Lytle, Bennett, Lytle, Wetzler, Prairie Village, Kan., for plaintiff.

Gordon E. Wells, W. Joseph Hatley, Lathrop Koontz & Norquist, Overland Park, Kan., Thomas J. Wheatley, Thomas A. Ryan, Kansas City, Mo., Hoyle, Morris & Kerr, Susan K. Herschel, Eric B. Henson, Lisa M. Salazar, Sean P. Wajert, Hoyle, Morris & Kerr, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on plaintiff's motion for a new trial pursuant to Rule 59, Federal Rules of Civil Procedure. At trial, plaintiff, Board of Trustees of Johnson County Community College (College), sought to recover from defendant, National Gypsum Company (NGC), costs associated with removing an asbestos-containing plaster product (Sprayolite) from three college buildings, on theories of strict...

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