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CONWED v. UNION CARBIDE CHEM. AND PLASTICS

No. CX-00-2200.

634 N.W.2d 401 (2001)

CONWED CORPORATION, a Delaware corporation, Plaintiff, v. UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC. (f/k/a Union Carbide Corporation), a New York corporation, Defendant and Third-Party Plaintiff, v. MacArthur Company, a Minnesota corporation, Third-Party Defendant.

Supreme Court of Minnesota.

October 4, 2001.

Attorney(s) appearing for the Case

Stich, Angell, Kreidler, Brownson & Ballou, P.A., Robert D. Brownson, Louise A. Behrendt, Kristi K. Warner, Minneapolis, Rudnick & Wolfe, Michael Goldman, Chicago, IL, for plaintiff.

Foley & Lardner, Trevor Will, Mark Velguth, Michael Rosenberg, Milwaukee, WI, Cousineau, McGuire & Anderson, Michael Barrett, James Waldhauser, Thomas Kieslbach, Minneapolis, for defendant.

Pustorino, Pederson, Tilton & Parrington, Jonathan P. Parrington, Minneapolis, MN, for third-party-defendant.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

The issues before this court arise from five certified questions from the United States District Court for the District of Minnesota regarding plaintiff-employer Conwed Corporation's right to bring claims against a former asbestos manufacturer under Minn.Stat. § 176.061 of the Minnesota Workers' Compensation Act. Conwed seeks to recover from Union Carbide Chemicals and Plastics Company for workers' compensation benefits...

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