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PERLMUTTER v. U.S. GYPSUM CO.

No. 94-1187.

54 F.3d 659 (1995)

Jordon PERLMUTTER, individually and as trustee for the Abe Perlmutter Testamentary Trust; Leland Rudofsky; Gerard Rudofsky; Harley Rudofsky; Bernstein Investment Co., a Colorado limited partnership; Morrison Northglenn Partnership, a Colorado general partnership; Glenn Investment Partnership, a Colorado General Partnership, Plaintiffs-Appellants, v. UNITED STATES GYPSUM CO., Defendant-Appellee, and National Gypsum Company, Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 13, 1995.

Attorney(s) appearing for the Case

Kenneth B. McClain, Humphrey, Farrington & McClain, Independence, MO (William S. Silverman, Silverman & Riley, Denver, CO, with him on the briefs), for appellants.

Kell M. Damsgaard, Morgan, Lewis & Bockius, Philadelphia, PA (Peter H. Blair, Jr., Foster & Blair, Denver, CO, with him on the briefs), for appellee.

Before TACHA and McWILLIAMS, Circuit Judges, and BURRAGE, District Judge.

TACHA, Circuit Judge.

Plaintiffs, developers of a shopping mall in Northglenn, Colorado, sued defendant United States Gypsum Company, manufacturer of a plaster product containing asbestos, under several legal theories, including negligence and strict liability. After a jury verdict for plaintiffs on the negligence cause of action, defendants appealed to this court. Because we found error in the district court's jury instructions, we reversed and remanded. Perlmutter...

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