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O'BRIEN v. U.O.P., INC.

Civ. No. 3-88-663.

701 F.Supp. 714 (1988)

Carol O'BRIEN, as Trustee for the heirs of James O'Brien, Deceased, Plaintiff, v. U.O.P., INC., Litwin Co., and American Econo-Therm Heater Corp., a division of American Petro-Chem Corporation, Defendants.

United States District Court, D. Minnesota, Third Division.

December 28, 1988.

Attorney(s) appearing for the Case

Bernie M. Dusich, Hertogs, Fluegel, Sieben, Jones & LaVerdiere, Hastings, Minn., for plaintiff.

Vance K. Opperman, W. Joseph Bruckner, Opperman & Paquin, Minneapolis, Minn., for defendant U.O.P., Inc.

Robert T. White, Stephen J. Rondestredt, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, Minn., for defendant Litwin Co.

Sheryl Ramstad Hvass, Andrea M. Walsh, Rider, Bennett, Egan & Arundel, Minneapolis, Minn., for defendant American Econo-Therm Heater Corp.

ORDER

DEVITT, District Judge.

Currently pending are the defendant's motions for summary judgment. Oral argument was heard in this case on December 5, 1988, at which time defendants argued that a defect in plaintiff's appointment as trustee made filing of this suit ineffective until after the three-year statute of limitations for wrongful death actions had expired. In its reply memorandum, defendant U.O.P. also argued that the action was barred by the two...

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