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HAMILTON COUNTY v. ASBESTOSPRAY CORP.

909 S.W.2d 783 (1995)

HAMILTON COUNTY BOARD OF EDUCATION, Plaintiff-Petitioner, v. ASBESTOSPRAY CORPORATION, National Gypsum Company, and W.R. Grace & Co.-Conn., Defendants-Respondents.

Supreme Court of Tennessee, at Nashville.

As Clarified on Rehearing November 20, 1995.

Attorney(s) appearing for the Case

Jerry H. Summers, Summers, McCrea & Wyatt, Chattanooga, W. Ward Crutchfield, Crutchfield, Benson & Pope, Chattanooga, Edward J. Westbrook, Frederick J. Jekel, Ness, Motley, Loadholt, Richardson & Poole, Charleston, South Carolina, E. Pete Kulmala, Lewis, Babcock & Hawkins, Columbia, South Carolina, for Plaintiff-Petitioner.

Robert L. Crossley, Anthony M. Iannacio, Katherine A. Brown, Vance L. Broemel, Baker, Donelson, Bearman & Caldwell, Nashville, for Defendant-Respondent W.R. Grace.

DROWOTA, Justice.

QUESTIONS CERTIFIED

In this suit brought by the Hamilton County Board of Education (the Board) in federal court to recover the cost of asbestos removal from its school buildings, the United States Court of Appeals for the Sixth Circuit certifies the following questions, pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee, for our determination:

(1) Whether the doctrine of nullum tempus occurit regi,

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