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MINNESOTA MINING AND MFG. v. NISHIKA LTD.

No. C2-96-2542.

565 N.W.2d 16 (1997)

MINNESOTA MINING AND MANUFACTURING COMPANY, Texas Petitioner, v. NISHIKA LTD., LenTec Corporation, American 3D Ltd., and Nishika Manufacturing (H.K.) Ltd., Texas Respondents.

Supreme Court of Minnesota.

Rehearing Denied July 8, 1997.

Attorney(s) appearing for the Case

Maslon Edelman Borman & Brand, LLP, David F. Herr, Michael C. McCarthy, Minneapolis, Vinson & Elkins, L.L.P., Harry M. Reasoner, Marie R. Yeates, Penelope E. Nicholson, Houston, TX, for petitioner.

Vance K. Opperman, P.A., Vance K. Opperman, Minneapolis, Susman Godfrey, L.L.P., Stephen D. Susman, Randall W. Wilson, Mary Kathryn Sammons, Houston, TX, Fulbright & Jaworski, L.L.P., James B. Sales, Houston, TX, William Powers, Jr., Austin, TX, Pamela Stanton Baron, Austin, TX, for respondents.

Smith Parker, PLLP, Matthew E. Johnson, Minneapolis, for amici curiae National Association of Manufacturers & Manufacturers Alliance.

Heard, considered and decided by the court en banc.

OPINION

KEITH, Chief Justice.

Four companies involved in the three-dimensional photography business ("respondents") sued Minnesota Mining and Manufacturing Company ("3M") in Texas state court seeking lost profits. The jury found that 3M breached express and implied warranties, and the trial court allowed the four respondents to recover one lump-sum damages award. The Texas Court of Appeals affirmed in all relevant respects, see Minnesota Mining &...

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