FIRST STATE INS. v. MN MIN. AND MFG.

No. C6-95-539.

535 N.W.2d 684 (1995)

FIRST STATE INSURANCE COMPANY, et al., Westport Insurance Corporation, Respondents, v. MINNESOTA MINING AND MANUFACTURING COMPANY, Appellant, Bloemers & Company, Assuradeuren, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied October 18, 1995.


Attorney(s) appearing for the Case

Gary J. Haugen, David F. Herr, R. Lawrence Purdy, Mary R. Vasaly, Cynthia F. Gilbertson, Maslon Edelman Borman & Brand, Minneapolis, and David C. Forsberg, Douglas L. Skor, J. Patrick McDavitt, Briggs & Morgan, St. Paul, and James S. Reece, Zelle & Larson, Minneapolis, for Minnesota Min. & Mfg. Co., for appellant.

Timothy J. Fetterly, Fetterly & Gordon, P.A., Minneapolis, for Aetna Cas. & Sur.

Timothy W. Waldeck, Foster Waldeck Lind & Gries, Ltd., Minneapolis, for Columbia Cas. Co.

John J. McDonald, Jr., Thomas H. Crouch, Stacy A. Broman, Meagher & Geer, P.L.L.P., Minneapolis, for Westport Ins. Corporation.

Robert L. McCollum, Jerry D. Van Cleave, McCollum & Daly, Ltd., Bloomington, Norman C. Kleinberg, Hughes, Hubbard & Reed, New York City, for First State Ins. Co., et al.

Robert J. McGuire, Cousineau, McGuire & Anderson, Minneapolis, for Allstate Ins. Co.

Paul R. Smith, Jerome B. Abrams, Austin & Abrams, P.A., Minneapolis, for London Market Insurers.

Considered and decided by PETERSON, P.J., and LANSING and SCHUMACHER, JJ.


OPINION

LANSING, Judge.

Insurers filed a declaratory action in a Minnesota district court against a manufacturer of silicone breast implants to determine product liability coverage. The district court granted them a temporary injunction against litigation of a substantially similar action brought by the manufacturer in Texas state court. We conclude that the district court did not abuse its discretion in granting the injunction, and we affirm.

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