MARVIN LUMBER AND CEDAR CO. v. PPG INDUSTRIES

No. 99-1424.

232 F.3d 977 (2000)

MARVIN LUMBER AND CEDAR COMPANY; Marvin Windows of Tennessee, Inc., Plaintiffs-Appellants, v. PPG INDUSTRIES, INC., Defendant Third Party, Plaintiff-Appellee, v. Elf Atochem North America, Inc., Third Party Defendant. Minnesota, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 7, 2000.


ORDER

The petition for rehearing by the panel is denied. Judge Lay dissents.

LAY, Circuit Judge, dissenting.

The persuasive petition for rehearing filed by Marvin Lumber requires this court to grant a rehearing. It is mystifying to me that the majority opinion adheres to the opinion in Regents of the University of Minnesota v. Chief Industries, 106 F.3d 1409 (8th Cir.1997), rather than following state law...

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