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LOURDES HIGH SCHOOL v. SHEFFIELD BRICK & TILE CO.

No. 87-5468.

870 F.2d 443 (1989)

LOURDES HIGH SCHOOL OF ROCHESTER, INC., Appellant, v. SHEFFIELD BRICK & TILE COMPANY; Patzig Testing Laboratories Co., Inc., Appellees. Peterson & Appel, Consulting Engineers; Carlisle Peterson. SHEFFIELD BRICK & TILE COMPANY, v. W-SMITH ARCHITECTURAL & ENGINEERING SERVICES, INC., f/k/a Flad-Smith & Associates Architects & Engineers, Inc., W. Wayne Smith. UNITED STATES FIDELITY & GUARANTY COMPANY, v. SHEFFIELD BRICK & TILE COMPANY, an Iowa corporation and Lourdes High School of Rochester, Inc.

United States Court of Appeals, Eighth Circuit.

Decided March 15, 1989.

Attorney(s) appearing for the Case

Thomas Wolf, Rochester, Minn., for appellant.

Eric J. Magnuson, Minneapolis, Minn., for Sheffield Brick.

Kurtis A. Greenley, Minneapolis, Minn., for Patzig Testing Lab.

Before FAGG and MAGILL, Circuit Judges, and HEANEY, Senior Circuit Judge.

FAGG, Circuit Judge.

Lourdes High School of Rochester, Inc. (Lourdes) brought this diversity action against various parties involved in designing, manufacturing, testing, and selling a flooring system that was installed in a 1959 addition to the school. The district court held Lourdes' action was barred by the applicable Minnesota statute of repose, Minn.Stat. § 541.051 Subd. 1 (1980). The court thus granted the defendants' motions for partial summary judgment...

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