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APPLETREE SQUARE I v. W.R. GRACE & CO.

No. 93-3359.

29 F.3d 1283 (1994)

APPLETREE SQUARE I, LIMITED PARTNERSHIP; CRHC of Bloomington, Inc., its general partner; Crimark Office Building Associates, its general partner, Appellants, v. W.R. GRACE & CO., individually and as successor in interest to the Zonolite Company, Western Mineral Products Company, Inc., Multibestos Company, the Dewey & Almy Chemical Company, Universal Zonolite Company and the Grace Zonolite Division and all other predecessor companies, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1994.

Rehearing and Suggestion for Rehearing En Banc Denied September 8, 1994.

Attorney(s) appearing for the Case

R. Terri Mandell, Minneapolis, MN, argued, for appellant.

Allen W. Hinderaker, Minneapolis, MN, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and LOKEN, Circuit Judges.

WOLLMAN, Circuit Judge.

Appletree Square I Limited Partnership, CRHC of Bloomington, Inc., and Crimark Office Building Associates Limited Partnership (collectively, "Appletree") filed a ten-count complaint against W.R. Grace & Company ("Grace"), seeking to recover costs of removing asbestos-containing fireproofing material from Appletree's commercial office building. The district court1 granted summary judgment in favor of Grace, holding...

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