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HOSKINS v. BUSINESS MEN'S ASSURANCE

No. WD 61744.

116 S.W.3d 557 (2003)

Forest D. HOSKINS and Julia Hoskins, Respondents, v. BUSINESS MEN'S ASSURANCE, Defendant, Federal-Mogul Corporation and T & N, Ltd., Appellants, State of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied September 2, 2003.

As Modified September 2, 2003.

Application for Transfer Denied October 28, 2003.

Attorney(s) appearing for the Case

Louis C. Accurso, Steven D. Steinhilber, Kansas City, Edward D. Robertson, Jr., Anthony L. DeWitt, Jefferson City, for respondents.

Terry L. Karnaze, Kansas City, KS, Thomas B. Weaver, Cynthia A. Sciuto, St. Louis, for appellants.

Jeremiah W. (Jay) Nixon, Atty. Gen., James R. Layton, State Solicitor, Charles W. Hatfield, Assistant Attorney General, Jefferson City, for the State of Missouri.

Before ELLIS, C.J., and HOWARD and NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 2, 2003.

VICTOR C. HOWARD, Judge.

Forest "Dino" Hoskins and his wife, Judy Hoskins (Plaintiffs), sued the owners of the building where Mr. Hoskins worked and the manufacturer and its successor of an asbestos-containing fireproofing material used in the building's construction for personal injuries and loss of consortium. Plaintiffs maintained that Mr. Hoskins' mesothelioma, a rare form...

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