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ALBERT v. PAPER CALMENSON & CO.

Nos. CX-93-1334, C8-93-1560.

515 N.W.2d 59 (1994)

Todd M. ALBERT, et al., Respondents, and MAK Oil Company, Intervenor, Respondent, v. PAPER CALMENSON & COMPANY, Defendant and third-party Plaintiff, Appellant (CX-93-1334), Respondent (C8-93-1560), v. CERES CONSTRUCTION COMPANY, a/k/a Ceres Tree Company, third-party Defendant, Respondent, MAK Oil and Environmental Company, third-party Defendant, Respondent, Appellant.

Court of Appeals of Minnesota.

Review Granted in Part; Denied in Part June 29, 1994.

Attorney(s) appearing for the Case

Duane E. Arndt, Arndt & Benton, P.A., Minneapolis, for Paper Calmenson & Co.

Tyrone P. Bujold, Susan R. Nelson, Paul J. Harmon, Robins, Kaplan, Miller & Ciresi, Minneapolis, for Todd M. Albert, et al.

Ted E. Sullivan, William L. Davidson, Lind, Jensen & Sullivan, Minneapolis, for MAK Oil Co.

William M. Hart, Jennifer B. Mohlenhoff, Joseph W.E. Schmitt, Meagher & Geer, Minneapolis, for Ceres Const. Co.

Steven F. Mattaini, Erstad & Reimer, P.A., Minneapolis, for MAK Oil & Envir. Co.

Considered and decided by HUSPENI, P.J., and PARKER and NORTON, JJ.

OPINION

PARKER, Judge.

Appellant Paper Calmenson & Co. ("PaCal") owns a building located at County Road B and Highway 280 in St. Paul. The building, originally a steel plant, contained more than 40 petroleum/chemical storage tanks. PaCal hired Braun Environmental Laboratories to study and make recommendations on tank cleaning and removal.

Ceres Construction Co., owned individually by David McIntyre, leased space in the PaCal building beginning...

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