No. 78-1741.

587 F.2d 945 (1978)

The COUNTY OF HENNEPIN, a body politic and corporate, in the State of Minnesota, and Alpana Aluminum Products, Inc., and Midwest Industries, Inc., a joint venture, Appellees, v. The AETNA CASUALTY AND SURETY COMPANY, and ASG Industries, Inc., Appellant, and The American Insurance Company.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1978.

Attorney(s) appearing for the Case

Bradley G. Clary and Elmer B. Trousdale, St. Paul, Minn., for appellant, ASG Industries, Inc.

Roger A. Pauly, Minneapolis, Minn., for appellees.

Wayne G. Popham, Allen W. Hinderaker and David E. Mikkelson, Minneapolis, Minn., for appellee, Hennepin County.

Before HEANEY, ROSS and HENLEY, Circuit Judges.


ASG Industries, Inc. (ASG) appeals from a partial summary judgment striking two of its affirmative defenses from its answer. The matter is before the Court on appellees' motion to dismiss the appeal for lack of jurisdiction.

Appellees Alpana Aluminum Products, Inc. and Midwest Industries, Inc. (Alpana-Midwest), a joint venture, and the County of Hennepin brought this action against ASG to recover damages...

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