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80 S. 8TH ST. LTD. PTSP. v. CAREY-CANADA

No. C1-91-1427.

486 N.W.2d 393 (1992)

80 SOUTH EIGHTH STREET LIMITED PARTNERSHIP; et al., Plaintiffs-Respondents, v. CAREY-CANADA, INC., et al., Defendants, W.R. Grace Co., Defendant-Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 11, 1992.

Attorney(s) appearing for the Case

Hugh Plunkett, III, Thomas K. Berg, John C. Childs, Thomas J. Radio, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for appellant.

Lawrence A. Moloney, Timothy J. Dolan, Dawn L. Gagne, Doherty, Rumble & Butler, and R. Terri Mandel, O'Connor & Hannan, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Catherine F. Haukedahl, Asst. Atty. Gen., St. Paul, (for amicus curiae State of Minn.)

Heard, considered and decided by the court en banc.

KEITH, Chief Justice.

The Federal District Court of Minnesota has certified to this court three questions of law:

1. Whether the economic loss doctrine as set forth in Superwood Corp. v. Siempelkamp Corp., 311 N.W.2d 159 (Minn.1981), and Hapka v. Paquin Farms, 458 N.W.2d 683 (Minn.1990), bars the owner of a building with asbestos-containing fireproofing from suing the manufacturer...

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