CONCORDIA COLLEGE CORP. v. W.R. GRACE & CO.

No. 92-1307.

999 F.2d 326 (1993)

CONCORDIA COLLEGE CORPORATION, a non-profit organization, Appellant, v. W.R. GRACE & CO., individually and as successor-in-interest to the Zonolite Companies and Western Mineral Products Company; W.R. Grace & Co. — Conn., individually and as successor-in-interest to the Zonolite Companies and Western Mineral Products Company; Carey-Canada, Inc.; Basic, Inc.; The Celotex Corp., individually and as successor-in-interest to Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company and Panacon Corporation; Keene Corporation, individually and as successor-in-interest to the Ehret Magnesia Manufacturing Company, Baldwin-Hill Company, Baldwin-Ehret-Hill, Inc., Mundet Company, and Keene Building Products Corporation; National Gypsum Company, individually and as successor-in-interest to Gold Bond Building Products Corporation; Pfizer, Inc., individually and as successor-in-interest to Charles Pfizer & Company, Kelley Island Lime & Transport Company, Gibsonburg Lime Products Company and Basic, Inc.; United States Gypsum Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1993.

Rehearing and Suggestion for Rehearing Denied September 2, 1993.


Attorney(s) appearing for the Case

Daniel A. Speights, Hampton, SC, argued (Steven C. Lian, Minot, ND, and Jon M. Arntson, Fargo, ND, on the brief), for appellant.

Allen W. Hinderaker, Minneapolis, MN, argued (David F. Herr and Mary R. Vasaly, Minneapolis, MN, C. Todd Koebele and Thomas M. Conlin, St. Paul, MN, Thomas H. Shiah, Sandra Wallace Napolitano, Thomas Caswell and Brooks F. Poley of Minneapolis, MN, Kell M. Damsgaard and Dennis J. Valenza of Philadelphia, PA, and Hugh V. Plunkett, III, and William D. Hittler, Minneapolis, MN, on the brief), for appellees.

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied September 2, 1993.

BOWMAN, Circuit Judge.

This is an appeal from summary judgment in favor of W.R. Grace & Company; W.R. Grace & Company — Connecticut; Carey-Canada, Inc.; Basic, Inc.; Celotex Corporation; Keene Corporation; National Gypsum Company; Pfizer, Inc.; and United States Gypsum Company (collectively W.R. Grace1), all manufacturers of asbestos-containing...

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