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NOBL PARK, L.L.C. OF VANCOUVER v. SHELL OIL CO.

No. 30325-6-II.

95 P.3d 1265 (2004)

NOBL PARK, L.L.C. OF VANCOUVER, Appellant, v. SHELL OIL COMPANY, dba Shell Chemical Company; Hoechst Celanese Corporation; Familian Northwest, Inc.; and Keller Supply Co., a Washington corporation, Respondents.

Court of Appeals of Washington, Division 2.

August 10, 2004.

Attorney(s) appearing for the Case

Todd S. Baran, Attorney at Law, Portland, OR, Jason Matthew Whalen, Eisenhower & Carlson PLLC, Tacoma, WA, Joseph Vance, Davis Wright Tremaine LLP, Portland, OR, David T. Harvin, Vinson & Elkins, LLP, Houston, TX, for Respondents.

Paul M. O'Connor, Seth A. Moskowitz, Kasowitz, Benson, Torres & Friedman, LLP, New York, NY, for Respondent Hoechst Celanese Corp.

Ben Shafton, Attorney at Law, Vancouver, WA, Shawn Michael O Neil, Mitchell Lang & Smith, Portland, OR, Frank A. Moscato Jr., Attorney at Law, Portland, OR, for Appellant.

QUINN-BRINTNALL, C.J.

Nobl Park, L.L.C. of Vancouver, an apartment complex owner in Clark County, appeals the trial court's summary judgment order dismissing its claims against suppliers of defective polybutylene plumbing. The trial court ruled that a prior Tennessee class action settlement agreement entered in Cox v. Shell Oil Co., No. 18844, 1995 WL 775363 (Tenn.Ch. Nov.17, 1995) (Cox), precluded Nobl Park from suing Shell Oil Company dba Shell Chemical Company...

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