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ARROWHEAD ELEC. CO-OP, INC. v. LTV STEEL

Nos. C8-97-580, CX-97-581.

568 N.W.2d 875 (1997)

ARROWHEAD ELECTRIC COOPERATIVE, INC., Plaintiff, Hartford Steam Boiler Inspection and Insurance Company, Respondent, v. LTV STEEL MINING COMPANY, Appellant (C8-97-580), Defendant (CX-97-581), Youngstown Erie Corporation, et al., Defendants (C8-97-580), Cliffs Mining Company, Appellant (CX-97-581).

Court of Appeals of Minnesota.

September 16, 1997.

Attorney(s) appearing for the Case

Richard B. Allyn, Tyrone P. Bujold, Richard W. Bale, Robins, Kaplan, Miller & Ciresi, South, Minneapolis, for Hartford Steam Boiler Inspection and Insurance Company.

G.W. Harries, Mark D. Pilon, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, Duluth, for LTV Steel Mining Company.

James P. Paciotti, Magie, Andresen, Haag, Paciotti, Butterworth & McCarthy, Duluth, for Cliffs Mining Company.

Considered and decided by LANSING, P.J., and RANDALL, and HARTEN, JJ.

OPINION

LANSING, Judge.

The insurer of an electrical cooperative brought this subrogation action against mining companies to recover payments for property damage caused by the collapse and liquification of a large ash heap. The district court ruled that an exculpatory clause in a contract with the electrical co-op exonerated the mining companies from strict liability but was unenforceable because it violated public policy. We affirm the construction of the...

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