Legal Opinion

Adams-Arapahoe School District No. 28-J v. Gaf Corp.

Court of Appeals for the Tenth Circuit

Decided March 23, 1992No. 91-1058PublishedCited by 5 opinions

1Opinion of the Court

BRORBY, Circuit Judge.

Defendant GAF Corporation (GAF), a former manufacturer of vinyl asbestos floor tile, appeals from a jury verdict in favor of Plaintiff Adams-Arapahoe School District No. 28-J (School District). Because we conclude the School District had only one legally compensable claim, and because we conclude the School District failed to provide sufficient evidence of physical injury to justify sending that claim to the jury, we reverse and remand with instructions for the district court to enter a directed verdict in favor of GAF.

I. BACKGROUND

“Asbestos-in-buildings” cases have been…

2Cases cited24 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Salve Regina College v. RussellSupreme Court of the United States · 1991
  3. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  4. Seely v. White Motor Co.California Supreme Court · 1965
  5. Board of Education v. A, C and S, Inc.Illinois Supreme Court · 1989

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3Cited by5 opinions

  1. MDU Resources Group v. W.R. Grace & Co.Court of Appeals for the Eighth Circuit · 1994
  2. Roesch v. ClarkeDistrict Court, D. Kansas · 1994
  3. prod.liab.rep.(cch)p. 13,761 Mdu Resources Group, Doing Business as Montana-Dakota Utilities Co., Inc. v. W.R. Grace and Company, and W.R. Grace and Company--Conn.Court of Appeals for the Eighth Circuit · 1994
  4. Adams-Arapahoe School District No. 28-J v. Gaf CorporationCourt of Appeals for the Tenth Circuit · 1992
  5. Tioga Public School District 15 of Williams County, State of North Dakota v. United States Gypsum CompanyCourt of Appeals for the Eighth Circuit · 1993

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