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TUCSON SCH. DIST. v. OWENS-CORNING

No. CV-92-0188-CQ.

174 Ariz. 336 (1993)

849 P.2d 790

TUCSON UNIFIED SCHOOL DISTRICT, Plaintiff, v. OWENS-CORNING FIBERGLAS CORPORATION; W.R. Grace & Company-Conn.; Armstrong World Industries, Inc.; Fibreboard Corporation; and GAF Corporation, Defendants.

Supreme Court of Arizona, En Banc.

Reconsideration Denied; Clarification Granted and Opinion Amended May 7, 1993.

Attorney(s) appearing for the Case

John A. Baade and Miller, Pitt & McAnally, P.C. by Janice Wezelman and Philip J. Hall, Tucson, for plaintiff.

Meehan & Associates by Michael J. Meehan and Mark Dinell, Tucson, for defendants W.R. Grace & Co.-Conn.

O'Dowd, Burke & Lundquist, P.C. by Bruce A. Burke, Tucson, for defendant Owens-Corning Fiberglas Corp.

Chandler, Tullar, Udall & Redhair by S. Jon Trachta, Tucson, and Bethann Jakoboski, Lancaster, PA, for defendant Armstrong World Industries, Inc.

Burch & Cracchiolo by Brian Kaven and Daniel R. Malinski, Phoenix, for defendant Fibreboard Corp.

Karp, Stolkin & Weiss, P.C. by Stephen M. Weiss, Tucson, for defendant GAF Corp.

OPINION

MOELLER, Vice Chief Justice.

FACTS AND PROCEDURAL HISTORY

Plaintiff Tucson Unified School District (TUSD or district) filed a complaint in the United States District Court in Tucson alleging that various defendants were liable to it for the cost of removing asbestos products from 81 of the district's buildings. TUSD was created pursuant to the Arizona Constitution and statutes...

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