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ALLSTATE INS. CO. v. EAGLE-PICHER INDUSTRIES, INC.

No. C8-86-2124.

410 N.W.2d 324 (1987)

ALLSTATE INSURANCE COMPANY and Home Insurance Company, Plaintiffs, v. EAGLE-PICHER INDUSTRIES, INC., et al., MacArthur Corporation, Nicolet Industries, Inc., Defendants.

Supreme Court of Minnesota.

August 14, 1987.

Attorney(s) appearing for the Case

James T. Hynes, St. Paul, for plaintiffs.

John P. Borger, Kirk O. Kolbo, Minneapolis, for Eagle-Picher, et al.

Thomas D. Jensen, Minneapolis, for Nicolet Industries, Inc.

John H. Faricy, Jr., Minneapolis, for MacArthur Co.

Heard, considered, and decided by the court en banc.

COYNE, Justice.

In an indemnity action instituted in the United States District Court by two workers' compensation insurers against several asbestos manufacturers, Judge Donald D. Alsop has certified to this court two questions regarding the scope and application of Minn.Stat. § 176.061, subd. 10 (1986):

1. Does Minn.Stat. § 176.061, subd. 10 (effective July 1, 1983) apply to a claim for indemnity against an alleged third-party tortfeasor, where...

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