DETROIT BD. OF ED. v. CELOTEX CORP.

Docket No. 123187.

196 Mich. App. 694 (1992)

493 N.W.2d 513

DETROIT BOARD OF EDUCATION v. CELOTEX CORPORATION

Michigan Court of Appeals.

Decided November 17, 1992, at 9:00 A.M.


Attorney(s) appearing for the Case

Honigman Miller Schwartz & Cohn (by Jay E. Brant, William F. Frey, and Lee W. Brooks), for GAF Corporation.

Dykema Gossett (by Ted T. Amsden, Debra M. McCulloch, and Ronald J. Torbert), for United States Gypsum Company.

Fitzgerald, Cox & Hodgman (by William H. Horton and Tammy J. Reiss), and Hoyle, Morris & Kerr (by Arlene Fickler and Toni Y. Proffitt), for National Gypsum Company.

Sommers, Schwartz, Silver & Schwartz (by Leonard B. Schwartz), for Asbestospray Corporation.

Collins, Einhorn & Farrell, P.C. (by Noreen L. Slank), for Celotex Corporation.

Martin, Bacon & Martin, P.C. (by John W. Crimando), for Mechanical Insulation Services.

Meyer, Kirk, Snyder & Safford (by Patrick K. Rode), for Georgia Pacific Corporation.

Butzel Long Gust Klein & Van Zile (by Daniel P. Malone and Lynn A. Sheehy), for Eagle-Picher Industries, Inc.

Dickinson, Wright, Moon, Van Dusen & Freeman (by Robert S. Krause and Robert Powell), for W.R. Grace & Company.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by Daniel P. King), for Armstrong World Industries, Inc.

Harvey, Kruse, Westen & Milan, P.C. (by Bradley S. Mitseff and Terry J. Pawlowski), for United States Mineral Products Company and Keene Corporation.

Clark, Klein & Beaumont (by Jonathan T. Walton, Jr.), for A C & S, Inc.

Freeman McNeill (by S. David McNeill), for Kentile Corporation.

Cholette, Perkins & Buchanan (by Robert J. Riley), for Basic, Inc.

Hill Lewis (by Bradley A. Carl), for Pfizer, Inc.

Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Susan Healy Zitterman and Henry L. Gordon), for Owens-Corning Fiberglas Corporation.

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by James J. Hayes, Jr., and Daniel S. Saylor), for Fibreboard Corporation.

Warner, Norcross & Judd (by William K. Holmes and Douglas A. Dozeman), for Owens-Illinois, Inc., and T & N PLC.

Plunkett & Cooney, P.C. (by Ernest R. Bazzana, Thomas S. McLeod, Richard F. Brennan, Donald H. Dawson, Jr., and Tracey L. Merithew), for Pittsburgh Corning Corporation, Cleveland Builders Supply Company, and Flintkote Company.

Taylor, Braun, Manganello & Cardelli (by Laura D. Mason), for Garlock, Inc.

Amicus Curiae:

Poling, McGaw & Poling, P.C. (by Richard B. Poling, Jr., Suzanne C. Stanczyk, and Susan L. Raleigh), for Products Liability Advisory Council.

Simon, Deitch, Friedman, Siefman & Green, P.C. (by Philip J. Goodman and Steven G. Silverman), for Detroit Board of Education et al.

Before: MacKENZIE, P.J., and WAHLS and SULLIVAN, JJ.


ON REMAND

WAHLS, J.

In this interlocutory appeal from the Wayne Circuit Court, the plaintiff class consists of several hundred public school districts and private schools in Michigan. Defendants are manufacturers, distributors, or installers of a variety of asbestos products that were used in plaintiffs' school buildings. Plaintiffs have brought this action against defendants, alleging numerous theories of liability. Defendants moved for summary disposition...

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