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William N. Harm, Jr* Mayor Brian L. Kuhn, County Attomwy
CERTIFIED MAIL REQUESTED
November 9, 1983
W. R. Grace & Company General Office 100 North Main Building Memphis/ TN 38103
Dear w. R. Grace & Company:
For the past few months the Shelby County Board of Education has been investigating and evaluating the means by which we
can rid our buildings of asbestos-containing insulation*
We have been informed by our sub-contractors that the as
bestos products which were applied to certain schools within the Shelby County system were purchased from your company* We feel
that you are responsible for the potential dangers and hasards
which exist in school buildings in Shelby County due to the fact that you failed to inform the Board of Education and warn us of
the hazardous characteristics of asbestos-related insulation.
As a result of this# the continued presence of asbestos in our schools is dangerous not only to our employees and visitors/ but
also to thousands of children who walk through the halls every day.
We feel your company is in breach of an implied warranty
of merchantability and fitness for the particular use for which your product was sold* Therefore, the Shelby County Board of Ed ucation makes demand upon you as the manufacturer and supplier to remove all asbestos and asbestos-related products from buildings in which our sub-contractors indicate they made purchases from
your company* While the Shelby County Board of Education would
prefer an arrangement whereby your company would remove the as bestos materials and repair the premises, we will not hesitate to
initiate a lawsuit against you if no satisfactory arrangement can be made.
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Should a reply or acknowledgment of this notification not be received in this office within ten (10) days, please be in formed that you will be named as a party defendant in a lawsuit involving the County of Shelby, the Shelby County Board of Educa tion.
Very truly yours.
CSH:jfv
cct U. S. Gypsum 101 6. Wacker Drive Chicago, Illinois 60606
Assistant County Attorney
Ward Harvey, Superintendent of Board of Education James F. Huntzicker,'Director of Administration 6 Finance