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CHESHIRE MEDICAL CENTER v. W.R. GRACE & CO.

No. 94-1687.

49 F.3d 26 (1995)

CHESHIRE MEDICAL CENTER, Plaintiff-Appellant, v. W.R. GRACE & CO., Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided March 6, 1995.

Attorney(s) appearing for the Case

Daniel A. Speights, Hampton, SC, with whom Michael P. Hall, Nixon, Hall and Hess, Manchester, NH and Speights & Runyan, Hampton, SC, were on brief, for appellant.

Richard V. Wiebusch, with whom Harry T. Daniels, Jane Cetlin Pickrell, Hale and Dorr, Manchester, NH, Howard M. Cooper and Todd & Weld, Boston, MA, were on brief, for appellee.

Before SELYA and CYR, Circuit Judges, and KEETON, District Judge.

KEETON, District Judge.

Appealing from a judgment for the defendant on a jury verdict, plaintiff-appellant argues an interesting undecided issue of New Hampshire law regarding the scope of strict liability on the ground of product defect in relation to warning and instructions for use. May a product marketer be held strictly liable on the basis of failure to warn, for harm to a building into which its product (containing asbestos fibers) was installed, even though...

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