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C.A. ASSOCIATES v. DOW CHEMICAL CO.

No. 89-1216.

918 F.2d 1485 (1990)

C.A. ASSOCIATES, d/b/a Executive Tower Inn, a Colorado Limited Partnership, Plaintiff, Appellant, v. DOW CHEMICAL COMPANY, a Delaware Corporation, Defendant, Appellee.

United States Court of Appeals, Tenth Circuit.

November 16, 1990.

Attorney(s) appearing for the Case

Michael V. Ciresi (William E. Dorigan, E. Anne McKinsey, Kristin N. Lockhart, Julie D. Hagen of Robins, Kaplan, Miller & Ciresi, Minneapolis, Minn., on the brief), for plaintiff-appellant.

David M. Bernick on the brief, Kenneth W. Brothers of Kirkland & Ellis, Denver, Colo., for defendant-appellee.

Before MOORE and McWILLIAMS, Circuit Judges, and BRATTON, Senior District Judge.

BRATTON, Senior District Judge.

The plaintiff-appellant, C.A. Associates ("Associates"), is the owner of the Executive Tower, a 30-story building constructed in downtown Denver and completed in January, 1974. Associates claims that Sarabond, a product developed and marketed by Dow Chemical Company ("Dow") as a masonry mortar additive, has caused the masonry on its building to begin cracking and falling off. It further claims that Dow knew or should have known of Sarabond...

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