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STATE FARM MUTUAL AUTO. INS. CO. v. W.R. GRACE & CO.-CONN.

No. 93-3685.

24 F.3d 955 (1994)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. W.R. GRACE & COMPANY-CONN., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1994.

Rehearing and Suggestion for Rehearing Denied June 16, 1994.

Attorney(s) appearing for the Case

Edward J. Westbrook (argued), L. David Condon, and J. Anderson Berly, III, Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, for plaintiff-appellee.

Hugh V. Plunkett, III (argued), John C. Childs, Allen W. Hinderaker, and Donald R. McNeil, Jr., Popham, Haik, Schnobrich & Kaufman, Minneapolis, MN, for defendant-appellant.

Before POSNER, Chief Judge, BAUER, Circuit Judge, and ASPEN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied June 16, 1994.

POSNER, Chief Judge.

In 1963 W.R. Grace & Company became the manufacturer of "Mono-Kote" fireproofing material, a dry mixture of vermiculite, gypsum, and asbestos packed and sold in 50-pound bags to construction companies. At the construction site a contractor or subcontractor would mix the Mono-Kote with water and spray the mixture on structural steel to fireproof it. In the early 1970s...

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