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HAWKINS CHEMICAL, INC. v. WESTCHESTER FIRE INS.

Nos. 97-4028, 97-4032.

159 F.3d 348 (1998)

HAWKINS CHEMICAL, INC., a Minnesota corporation; The Lynde Company, a Minnesota corporation, Plaintiffs-Appellees, v. WESTCHESTER FIRE INSURANCE COMPANY, a New York corporation; North River Insurance Company, a New Jersey corporation, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1998.

Attorney(s) appearing for the Case

Jeffrey Michael Thompson, Minneapolis, MN, argued (Charles E. Spevacek and Thomas M. Crouch, on the brief), for North River.

Robert Chaney, Chicago, IL, argued (Paul A. Banker, Minneapolis, MN, Jeffrey A. Goldwater, Chicago, IL, on the brief), for Westchester Fire.

Stuart T. Williams, Minneapolis, MN, argued, for appellee.

Before RICHARD S. ARNOLD, JOHN R. GIBSON, and FAGG, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

North River Insurance Company and Westchester Fire Insurance Company appeal from a summary judgment entered in favor of Hawkins Chemical, Inc., and its subsidiary, The Lynde Company. Lynde occupied a downtown Minneapolis warehouse owned by Hawkins, a chemical distributor. A fire in February 1995 destroyed the warehouse and sent toxic smoke and fumes to the surrounding area. Those injured by the smoke and fumes pursued a class action...

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