ROBIN v. ROYAL IMP. CO.

No. 49119.

289 N.W.2d 76 (1979)

George ROBIN, Respondent, v. ROYAL IMPROVEMENT COMPANY, et al., Employers, Northwest Home Improvement Company and Employers Mutual Liability Insurance Company of Wisconsin, Respondents, George W. Smith Construction Company and Casualty Underwriters Insurance Company, Respondents, Travelers Insurance Company, et al., Insurers, Johnson's Building Mart and Allied Mutual Insurance Company, Relators, State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

August 17, 1979.


Attorney(s) appearing for the Case

Sahr, Kunert & Tambornino, John L. Tambornino and Michael E. Sullivan, Minneapolis, for relators.

Theodore M. Stone, Minneapolis, for Robin.

Ochs, Larsen, Klimek & Olson and Thomas M. Newcomb, Minneapolis, for Northwest Home Improvement Co., et al.

Hansen, Dordell & Bradt and Gene P. Bradt, St. Paul, for George W. Smith Const. Co., et al.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Thomas G. Lockhart, Sp. Asst. Atty. Gen., St. Paul, for State Treasurer.

Heard before OTIS, PETERSON, and KELLY, JJ., and considered and decided by the court en banc.


OTIS, Justice.

Johnson's Building Mart and its insurer, Allied Mutual Insurance Company,1 seek review of a decision of the Workers' Compensation Court of Appeals awarding against relators alone benefits to respondent, George Robin, for temporary total and permanent partial disability from the occupational disease of asbestosis. The principal issue is whether the award should be equitably apportioned between Johnson's and prior employers...

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