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CITY OF WICHITA, KAN. v. U.S. GYPSUM CO.

No. 94-3009.

72 F.3d 1491 (1996)

CITY OF WICHITA, KANSAS, Plaintiff-Appellant, v. UNITED STATES GYPSUM COMPANY, a Delaware corporation, Defendant, and United States Mineral Products Co., a New Jersey corporation, and Asbestospray, a New York corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 5, 1996.

Attorney(s) appearing for the Case

Gerald Sawatsky (Charles P. Efflandt and Jeff P. DeGraffenreid of Foulston & Siefkin, Wichita, KS, and Edward J. Westbrook and Edward B. Cottingham, Jr., of Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, with him on the brief), of Foulston & Siefkin, Wichita, KS, for Plaintiff-Appellant.

C. Brooks Wood (Robert D. Brownson of Stich, Angell, Kreidler & Muth, P.A., Minneapolis, MN, with him on the brief), of Hillix, Brewer, Hoffhaus, Whittaker & Wright, L.L.C., Kansas City, MO, for Defendant-Appellee Asbestospray Corporation.

John T. Broderick, Jr. (Mark E. Howard of Broderick & Dean, Manchester, NH, and Marc A. Powell of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, with him on the brief), of Broderick & Dean, Manchester, NH, for Defendant-Appellee United States Mineral Products Co.

SEYMOUR, Chief Circuit Judge, SETH, Circuit Judge, and KANE, Senior District Judge.

KANE, Senior District Judge.

Plaintiff, the City of Wichita, Kansas ("City"), initiated this action on June 30, 1989 alleging asbestos-containing building products sold by the Defendants for use in the City's Century II Civic Cultural Center ("Century II") have released and continue to release harmful asbestos fibers causing property damage and health risks to its citizens. The City asserted claims against Defendants for negligence, strict liability, breach of implied...

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