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BUSSE v. QUALITY INSULATION CO.

No. 81-768.

322 N.W.2d 206 (1982)

Grace M. BUSSE, etc., Respondent, v. QUALITY INSULATION COMPANY, et al., Relators, Quality Insulation Company, et al., Respondents, McArthur Insulation Company, et al., Respondents, Hickory Insulation Company, et al., Respondents, Armstrong Cork & Supply Co., et al., Respondents, Paul W. Abbott Insulation Company, and unknown, Respondents, Federal Army Cartridge Corp., et al., Respondents, Asbestos Products Company, et al., Respondents, Edward H. Anderson Insulation Co., et al., Respondents, Brand Insulation Company, et al., Defendants, and Equitable Life Assurance Society, intervenor, Respondent, and State Treasurer, Custodian of the Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

July 23, 1982.

Attorney(s) appearing for the Case

Jardine, Logan & O'Brien and Mark A. Fonken, St. Paul, for relators.

Paul J. Louisell, Duluth, for Busse.

Donovan, McCarthy, Crassweller, Larson & Magie, Duluth, for Quality Insulation Co., et al.

Patrick D. Reilly, St. Paul, for McArthur Insulation Co., et al.

Ochs, Larsen, Klimek & Peterson and Bonnie Peterson, Minneapolis, for Hickory Insulation Co., et al.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and Steven C. Eggimann, Minneapolis, for Armstrong Cork & Supply Co., et al.

Jeanne E. Knight, Minneapolis, for Paul W. Abbott Insulation Co.

Eugene W. Hoppe, St. Paul, for Federal Army Cartridge Corp., et al.

Chadwick, Johnson & Bridell and Paul Vallant, Minneapolis, for Asbestos Products Co., et al.

Cousineau, McGuire, Shaughnessy & Anderson and Fred Simon, Minneapolis, for Edward H. Anderson Insulation Co., et al.

Briggs & Morgan and Michael H. Streater, St. Paul, for Equitable Life Assurance Soc.

Warren Spannaus, Atty. Gen., and Thomas G. Lockhart, Sp. Asst. Atty. Gen., St. Paul, for State Treasurer, Custodian of the Special Compensation Fund.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

Karl Busse died of lung cancer related to asbestos exposure and cigarette smoking. He had been employed by several employers over a period of years and had been exposed to asbestos fibers during that time. The Workers' Compensation Court of Appeals upheld the compensation judge's finding that Quality Insulation, the last employer, and the insurer on the risk were fully liable for benefits although the employee had only limited exposure to asbestos during...

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