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TRUST CO. BANK v. U.S. GYPSUM CO.

No. 91-1255.

950 F.2d 1144 (1992)

TRUST COMPANY BANK, Plaintiff-Appellant, v. UNITED STATES GYPSUM COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 24, 1992.

Attorney(s) appearing for the Case

Owen T. Palmer, Jr., Gulf Port, Miss. and Daniel A. Speights, Speights & Runyan, Hampton, S.C., for plaintiff-appellant.

Roy C. Williams, Bryant, Colingo, Williams & Clark, Pascagoula, Miss. and Tom Kenworthy, Morgan, Lewis & Bockius, Philadelphia, Pa., for defendant-appellee.

Before KING, JOHNSON and EMILIO M. GARZA, Circuit Judges.

JOHNSON, Circuit Judge:

In this action filed in Mississippi state court and removed to the United States District Court for the Southern District of Mississippi, plaintiff Trust Company Bank complains that it has suffered damages from the presence of asbestos in a twenty-two year old building it owns in Georgia. The federal district court declined to grant relief, concluding that it lacked subject matter jurisdiction and, in the alternative, that the Mississippi statute...

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