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ADAMS-ARAPAHOE SCHOOL DIST. NO. 28-J v. GAF CORP.

No. 91-1058.

959 F.2d 868 (1992)

ADAMS-ARAPAHOE SCHOOL DISTRICT NO. 28-J, Plaintiff-Appellee, v. GAF CORPORATION, Defendant-Appellant, United States Gypsum Company; Armstrong World Industries, Inc.; Flintkote Company; Ryder Industries, Defendants.

United States Court of Appeals, Tenth Circuit.

March 23, 1992.

Attorney(s) appearing for the Case

Richard M. Foster (Todd Jansen of Cockrell, Quinn & Creighton, Denver, Colo., Marc Weingarten and Jonathan Miller of Greitzer and Locks, Philadelphia, Pa., with him on the briefs), of Cockrell, Quinn & Creighton, Denver, Colo., for plaintiff-appellee.

John C. Siegesmund III (James D. Hinga and Andrew B. Prosser of Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, Colo., Shauna L. Hilgers of Law Firm of Mike Hilgers, Arvada, Colo., Michael L. Hardy, Theodore E. Laszlo, Jr. and Gary M. Glass of Thompson, Hine and Flory, Cleveland, Ohio, with him on the briefs), of Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, Colo., for defendant-appellant.

Before LOGAN and BRORBY, Circuit Judges, and DAUGHERTY, District Judge.

BRORBY, Circuit Judge.

Defendant GAF Corporation (GAF), a former manufacturer of vinyl asbestos floor tile, appeals from a jury verdict in favor of Plaintiff Adams-Arapahoe School District No. 28-J (School District). Because we conclude the School District had only one legally compensable claim, and because we conclude the School District failed to provide sufficient evidence of physical injury to justify sending that claim...

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