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ADAMS PUBLIC SCHOOL DIST. v. ASBESTOS CORP., LTD.

No. 92-3276.

7 F.3d 717 (1993)

ADAMS PUBLIC SCHOOL DISTRICT, Plaintiff-Appellant, v. ASBESTOS CORPORATION, LTD., a foreign corporation; Atlas Turner, formerly known as Atlas Asbestos, Inc., a foreign corporation; H.K. Porter Company, formerly known as Pacific Asbestos Corporation, Company, Inc., a foreign corporation; North American Asbestos Control Corp., a wholly owned subsidiary of Cape Industries, London; Union Carbide Corporation, a foreign corporation; United States Gypsum Company, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 13, 1993.

Rehearing and Suggestion for Rehearing Denied November 22, 1993.

Attorney(s) appearing for the Case

David Thompson, Fargo, ND, for appellant.

Raymond Cullen, Philadelphia, PA (argued), Dennis J. Valenza, Kevin M. Ddonovan and Wickham Corwin (on the brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied November 22, 1993.

JOHN R. GIBSON, Circuit Judge.

Adams Public School District appeals from a summary judgment holding its claims against Asbestos Corporation, Ltd. and six other asbestos companies are time-barred. The school district argues that the district court erred in applying the statute of limitations because the school district's participation in a national school district class action tolled its...

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