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DAKHUE LANDFILL v. EMPLOYERS INS.

No. C0-93-905.

508 N.W.2d 798 (1993)

DAKHUE LANDFILL, INC., Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, Defendant, The Travelers Indemnity Company, The Saint Paul Fire and Marine Insurance Company, Respondents.

Court of Appeals of Minnesota.

November 23, 1993.

Attorney(s) appearing for the Case

Christopher J. Dietzen, Daniel W. Voss, Larkin, Hoffman, Daly & Lindgren, Bloomington, for appellant.

William J. Keppel, B. Andrew Brown, Michael A. Duffy, Dorsey & Whitney, Minneapolis, The Travelers Indem. Co.

Charles E. Spevacek, Stacy A. Broman, Meagher & Geer, Minneapolis, The Saint Paul Fire and Marine Ins. Co.

Michael Berens, Kelly & Berens, P.A., Minneapolis, Wiley, Rein & Fielding, Washington, DC, for amicus curiae Insurance Environmental Litigation Ass'n.

Considered and decided by ANDERSON, C.J., and FORSBERG and DAVIES, JJ.

OPINION

FORSBERG, Judge.

Appellant challenges the district court's grant of summary judgment on its claim that its insurers must defend and indemnify it in proceedings for clean-up of groundwater contamination. We affirm.

FACTS

The Dakhue Landfill opened for business in late 1971. After testing in 1983 revealed groundwater contamination, the Minnesota Pollution Control Agency (MPCA) sued Dakhue to compel clean-up of the contamination. Dakhue...

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