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KAESS v. ARMSTRONG CORK CO.

No. CX-86-410.

403 N.W.2d 643 (1987)

Agatha KAESS, as trustee for the heirs of Arthur Kaess, Respondent, v. ARMSTRONG CORK COMPANY, et al., Defendants, MacArthur Company, Appellant.

Supreme Court of Minnesota.

April 10, 1987.

Attorney(s) appearing for the Case

John H. Faricy, Jr., Minneapolis, for appellant.

Richard A. LaVerdiere, Hastings, for respondent.

Heard, considered and decided by the court en banc.

WAHL, Justice.

The heirs of Arthur Kaess brought a wrongful death action against manufacturers and sellers of asbestos-containing insulation, including Kaess' employer, MacArthur Company. MacArthur moved for partial dismissal for failure to state a cause of action, or for partial summary judgment, citing the workers compensation exclusive remedy provision, Minn.Stat. § 176.031 (1984). The Dakota County District Court denied the motion and, pursuant to Minn.R...

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