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BELLSOUTH TELECOMMUNICATIONS v. W.R. GRACE

No. 107, Docket 95-7132.

77 F.3d 603 (1996)

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Appellant, v. W.R. GRACE & CO. — Conn., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 21, 1996.

Attorney(s) appearing for the Case

Philip Allen Lacovara, New York City (H. Thomas Byron III, Mayer, Brown & Platt, New York City; A. Camden Lewis, Mary G. Lewis, Lewis, Babcock & Hawkins, Columbia, SC; J. Anderson Berly, III, Ness, Motley, Loadholdt, Richardson & Poole, Charleston, SC; Fred A. Walters, BellSouth Telecommunications, Atlanta, GA, on the brief), for Plaintiff-Appellant BellSouth Telecommunications, Inc.

Robert P. Dolian, Stamford, CT (Lawrence A. Farese, Mark E. Fuhrmann, William H. Narwold, David B. Teitelman, Rosanne C. Baxter, Cummings & Lockwood, Stamford, CT, on the brief), for Defendant-Appellee W.R. Grace & Co., Conn.

Before: WINTER, JACOBS and LEVAL, Circuit Judges.

JACOBS, Circuit Judge:

This appeal requires us to determine when a claim for property damage caused by asbestos accrues under Connecticut law. An asbestos-containing fireproofing material manufactured by W.R. Grace & Co. under the trade name Monokote was installed in the headquarters building of BellSouth Telecommunications, Inc. ("BellSouth") when it was constructed in Birmingham, Alabama. On January 19, 1993, BellSouth, as the building's owner, brought this...

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