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SCHOOL DIST. NO. 197 v. ACC. & CAS. INS.

Nos. C3-94-827, C3-94-830 and C6-94-854.

525 N.W.2d 600 (1995)

INDEPENDENT SCHOOL DISTRICT NO. 197, et al., judgment creditors, Respondents, and W.R. Grace & Co.-Conn., judgment debtor, Respondent, v. ACCIDENT AND CASUALTY INSURANCE OF WINTERTHUR, et al., Garnishees, Continental Casualty Company, garnishee, Appellant (C3-94-827), First State Insurance Company, et al., garnishees, Appellants (C3-94-830), Plaisted and London Market Companies, et al., garnishees, Appellants (C6-94-854).

Court of Appeals of Minnesota.

January 10, 1995.

Attorney(s) appearing for the Case

Richard A. LaVerdiere, Harvey N. Jones, Michael R. Strom, Sieben Polk LaVerdiere, Jones & Hawn, Hastings, Philip G. Barber, Pitney Hardin, Florham Park, NJ, for Independent School Dist. No. 197.

J. Michael Schwartz, John Childs, Popham, Haik, Schnobrich & Kaufman, Minneapolis, for W.R. Grace & Co.-Conn.

Jerome B. Abrams, Paul R. Smith, Austin & Abrams, Minneapolis, William P. Ford, Cushing O. Condon, Ford, Marrin, Esposito, Witmeyer & Gleser, New York City, for Continental Cas. Co.

William J. Bowman, Kevin P. Gallagher, Donald C. Brown, Jr., Hogan & Hartson, L.L.P., Washington, DC, Kyle B. Mansfield, Thomas M. Stieber, Foley & Mansfield, Minneapolis, for First State Ins. Co.

Frank J. Walz, Caryn Glover, Best & Flanagan, Minneapolis, Thomas J. Quinn, Eileen T. McCabe, Eugene P. Murphy, Mendes & Mount, New York City, for Plaisted and London Market Companies.

Considered and decided by NORTON, P.J., and SHORT and FOLEY, JJ.

OPINION

SHORT, Judge.

This action is a garnishment action brought by five Minnesota school districts ("schools") and W.R. Grace & Co.-Conn. ("Grace"). The schools and Grace seek a declaration that excess insurance policies issued from 1973 through 1984 provide coverage for the underlying asbestos-related building claims and argue the insurers are required to pay an eighteen-million-dollar judgment against Grace. The trial court granted a series of judgments...

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