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KELLOGG SQUARE PARTNERSHIP v. PRUDENTIAL INS. CO.

No. 95-1284.

63 F.3d 699 (1995)

KELLOGG SQUARE PARTNERSHIP, a Minnesota Partnership, debtor-in-possession, Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 17, 1995.

Attorney(s) appearing for the Case

James A. Rubenstein, Minneapolis, MN, argued (Michael J. Luzum, appeared on the brief), for appellant.

Delmar R. Erich, Minneapolis, MN, argued (Sarah Armstrong, appeared on the brief), for appellee.

Before BEAM and MURPHY, Circuit Judges, and VAN SICKLE, District Judge.

BEAM, Circuit Judge.

In 1977, Kellogg Square Partnership (KSP) purchased a building from The Prudential Insurance Company of America (Prudential). When asbestos was discovered in the building years later, KSP filed suit against Prudential alleging breach of contract, fraudulent misrepresentation, and other claims. The district court1 granted summary judgment in favor of Prudential and KSP appeals. Because Prudential did not warrant that...

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