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TRIZEC PROPERTIES, INC. v. U.S. MINERAL PRODUCTS CO.

No. 91-3391.

974 F.2d 602 (1992)

TRIZEC PROPERTIES, INC., Plaintiff-Appellant, v. UNITED STATES MINERAL PRODUCTS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 6, 1992.

Attorney(s) appearing for the Case

Alfred B. Adams, III, Holly J.W. Huart, Branch, Pike, Ganz & O'Callaghan, Atlanta, Ga., Charles L. Stern, Jr., Steeg & O'Connor, New Orleans, La., for appellant.

Joseph L. McReynolds, Robert Emmett Kerrigan, Jr., A. Wendel Stout, III, Deutsch, Kerrigan & Stiles, New Orleans, La., for U.S. Mineral Products Co.

Before POLITZ, Chief Judge, SMITH, Circuit Judge, and FITZWATER, District Judge.

POLITZ, Chief Judge:

Trizec Properties, Inc. appeals a summary judgment in favor of United States Mineral Products Company in an action to recover asbestos abatement costs. Concluding that Trizec's claim is prescribed, i.e., time-barred, we affirm.

Background

In 1965 United States Mineral Products Company (USMPC), a New Jersey corporation with its principal place of business in that state, sold asbestos-laden fireproofing material to...

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