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SMITH v. BEHR PROCESS CORP.

No. 25670-3-II.

54 P.3d 665 (2002)

113 Wash.App. 306

Deborah and Randall SMITH, Russell and Janyce Taylor, Russell and Eulala Shute, Clay and Lynn Westby, and Richard L. Johnson and Jay Johnson, Mark and Tamara Feeser, Scott and Kristine Tomlin, Scott and Judy Heiner, Mike and Connie Stullick, individually and on behalf of all individuals and entities similarly situated, Respondents/Cross Appellants, v. BEHR PROCESS CORPORATION, a foreign corporation, Appellants/Cross Respondents.

Court of Appeals of Washington, Division 2.

September 13, 2002.

Attorney(s) appearing for the Case

Fredric Tausend, Theodore J. Angelis, Helen Bergman Moure, Philip Mosby Guess, Preston, Gates & Ellis, Evan L. Schwab, Margarita V. Latsinova, Dorsey & Whitney, Seattle, WA, for Appellants/Cross-Respondents.

David L. Edwards, Edwards & Hagen, Aberdeen, WA, Paul Lester Stritmatter, Stritmatter, Kessler, Hoquiam, WA, Kevin Coluccio, Garth L. Jones, Michael E. Withey, Stritmatter, Kessler, Whelan, Seattle, WA, Charles Kenneth Wiggins, Bainbridge Is, WA, for Respondents/Cross-Appellants.

SEINFELD, J.

Behr Process Corporation appeals a judgment against it in this class action lawsuit. It claims trial court error in (1) certifying as a class all users of several Behr coating products in 19 western Washington counties; (2) entering a default judgment as to liability because of Behr's discovery violations; (3) making various rulings in the post default damages trial; (4) awarding treble damages under Washington...

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