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TIOGA PUBLIC SCHOOL DIST. v. U.S. GYPSUM

No. 90-5447.

984 F.2d 915 (1993)

TIOGA PUBLIC SCHOOL DISTRICT # 15 OF WILLIAMS COUNTY, STATE OF NORTH DAKOTA, Appellee, v. UNITED STATES GYPSUM COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1993.

Rehearing Denied March 11, 1993.

Attorney(s) appearing for the Case

Kell M. Damsgaard, Philadelphia, PA, argued (Wickham Corwin, Fargo, ND, on the brief), for appellant.

Daniel A. Speights, Hampton, SC, argued (Jon M. Arnston, Fargo, ND, Steven C. Lian, Minot, ND and J. Martin Harvey, Jr., Hampton, SC, on the brief), for appellee.

Before BOWMAN, WOLLMAN, Circuit Judges, and LARSON, Senior District Judge.

BOWMAN, Circuit Judge.

United States Gypsum Co. (USG) appeals from a final judgment entered in the District Court upon a jury verdict in favor of Tioga Public School District No. 15 (Tioga). For the reasons set forth below, we reverse the judgment of the District Court and remand the case for a new trial.

I.

During the 1950s and 1960s, USG manufactured an acoustical plaster known as Audicote that contained asbestos. Tioga constructed two of the three...

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