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MENNE v. CELOTEX CORP.

No. 85-1929-K.

722 F.Supp. 662 (1989)

Mary K. MENNE, Individually and as Personal Representative of the Estate of Donald R. Menne, Deceased, Plaintiff, v. The CELOTEX CORPORATION; Eagle Picher Industries, Inc.; and Fibreboard Corporation, Defendants.

United States District Court, D. Kansas.

September 13, 1989.

Attorney(s) appearing for the Case

Paul H. Hulsey, Motley, Loadholt, Richardson & Poole, Charleston, S.C., Dan L. Wulz, Topeka, Kan., for plaintiff.

James Borthwick, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., and James D. Griffin, Blackwell, Sanders, Matheny, Weary & Lombardi, Overland Park, Kan., David E. Larson, Morris, Larson, King, Stamper & Bold, Kansas City, Mo., Paul E. Vardeman, Polsinelli, White, Vardeman & Shalton, Kansas City, Mo., and Dale E. Bennett, Overland Park, Kan., David E. Larson, Morris & Larson, Kansas City, Mo., Butler, Vines, Babb & Threadgill, Knoxville, Tenn., Michael P. Oliver, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., Bryce A. Abbott, Wallace, Saunders, Austin, Brown & Enochs, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

The original plaintiff, Donald Menne, was diagnosed in 1983 as suffering from malignant mesothelioma. In 1985, Menne brought an action before the present court seeking recovery against the defendants for strict liability and failure to warn. Menne contended that he had sustained his injuries from exposure to asbestos products manufactured by the defendants.

In a trial held in June 1986, the jury...

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