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JOHNSON BROS. v. RAPIDAN REDEV. LTD.

No. C7-87-2254.

423 N.W.2d 725 (1988)

JOHNSON BROTHERS CORPORATION, Respondent, v. RAPIDAN REDEVELOPMENT LIMITED PARTNERSHIP, et al., County of Blue Earth, Allis-Chalmers Corporation, et al., Respondents, American Insurance Company, Defendant, Rapidan Redevelopment Limited Partnership, et al., counterclaimants and cross claimants, Respondents, Johnson Brothers Corporation, counterclaim defendant, Respondent, Northbrook Excess and Surplus Insurance Company, et al., counterclaim defendants, Appellants, and Allis-Chalmers Corporation, et al., cross claim defendants, Respondents, Employer's Insurance of Wausau, Fireman's Fund Insurance Company, third party defendants, Respondents.

Court of Appeals of Minnesota.

May 24, 1988.

Attorney(s) appearing for the Case

Jeffrey L. Sikkema, Dorsey & Whitney, Minneapolis, for Johnson Bros. Corp.

John B. Massopust, Scott G. Johnson, Robins, Zelle, Larson & Kaplan, Minneapolis, for Rapidan Redevelopment Limited Partnership, et al.

David J. Twa, Co. Atty., Mankato, for Blue Earth County.

Robert W. Murnane, Michael P. Tierney, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, for Allis-Chalmers Corporation, et al.

R. Lawrence Purdy, Purdy & Ashley, P.A., Minneapolis, Charles R. Tuffley, Susan Tukel, Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, P.C., Southfield, Mich., for Northbrook Excess and Surplus Insurance Company, et al.

John M. Sheran, Mankato, for Employer's Insurance of Wausau.

Michael Simpson, Golden Valley, for Fireman's Fund Ins. Co.

Heard, considered and decided by SCHUMACHER, P.J., and FOLEY and FORSBERG, JJ.

OPINION

FORSBERG, Judge.

This appeal is from a grant of partial summary judgment to respondents Rapidan Redevelopment Limited Partnership and Actaeon Corporation ("Rapidan/Actaeon") against appellants Northbrook Excess and Surplus Insurance Company and Transport Indemnity Company ("NESCO/Transport"). Rapidan/Actaeon, the owners of a hydroelectric generating station, purchased force majeure insurance policies from NESCO/Transport after entering into construction...

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