Legal Opinion
County of Johnson v. United States Gypsum Co.
District Court, E.D. Tennessee
Decided January 9, 1984No. CIV-2-83-262PublishedCited by 28 opinions
1Opinion of the Court
ORDER
HULL, District Judge.
The report and recommendation of the United States Magistrate is hereby adopted and approved.
Accordingly, it is ORDERED that the motions to dismiss of the defendants U.S. Gypsum, National Gypsum, Celotex, and Carey Canada are GRANTED IN PART and DENIED IN PART. The plaintiffs claims based on the following theories are DISMISSED: (i) warranty; (ii) any action under the Tennessee Consumer’s Act; and (iii) nuisance. The plaintiff’s “Declaratory Relief Count” is DISMISSED. The defendants’ motions to dismiss (i) the negligence claim; (ii) the strict liability in tort…
2Cases cited26 opinions
- United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two FirearmsCourt of Appeals for the Sixth Circuit · 1981
- Trussell v. United Underwriters, Ltd.District Court, D. Colorado · 1964
- Cunningham Brothers, Inc. v. Harry BailCourt of Appeals for the Seventh Circuit · 1969
- Vance v. SchulderTennessee Supreme Court · 1977
- Hatcher v. State of TexasTexas Supreme Court · 1935
21 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Tioga Public School District 15 of Williams County, State of North Dakota v. United States Gypsum CompanyCourt of Appeals for the Eighth Circuit · 1993
- City of Bloomington, Indiana v. Westinghouse Electric Corporation, Etc.Court of Appeals for the Seventh Circuit · 1990
- City of Manchester v. National Gypsum Co.District Court, D. Rhode Island · 1986
- Trust Company Bank v. United States Gypsum CompanyCourt of Appeals for the Fifth Circuit · 1992
- City of San Diego v. United States Gypsum Co.California Court of Appeal · 1994
23 more not listed; retrieve them via the Exa API.