STATE v. EMPLOYERS INS. OF WAUSAU

No. C5-01-1904.

644 N.W.2d 820 (2002)

STATE of Minnesota, by its Attorney General, Mike HATCH, Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Respondent, Home Insurance Company, Respondent, Travelers Casualty and Surety Company, Respondent, The Travelers Indemnity Company et al., Respondents.

Court of Appeals of Minnesota.

May 21, 2002.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Mark B. Levinger, Assistant Attorney General, St. Paul, MN; and William F. Greaney, admitted pro hac vice, Covington & Burling, Washington, DC, for appellant.

Scott Ryskoski, Charles A. Gross, Shawn Raiter, Darron Knutson, Larson King L.L.P., St. Paul, MN, for respondent Employers Insurance of Wausau, a Mutual Company.

Eric Magnuson, Robert B. Jaskowiak, Melissa Hortman, Rider Bennett Egan & Arundel, L.L.P., Minneapolis, MN, for respondent Home Insurance Company.

Andrew S. Amer, Mary Beth Forshaw, Michael S. Komar, Jerauld E. Brydges, Simpson Thatcher & Bartlett, New York, NY; and Charles E. Spevacek, Stacy A. Broman, Meagher & Geer P.L.L.P., Minneapolis, MN, for respondent Travelers Casualty & Surety Company and respondents Travelers Indemnity Company et al.

Laura A. Foggan, Karalee C. Morell, Wiley Rein & Fielding L.L.P., Washington, DC; and Dwight G. Rabuse, Nelson L. Peralta, Livgard & Rabuse, P.L.L.P., Minneapolis, MN, for amici curiae Insurance Environmental Litigation Association and The Insurance Federation of Minnesota.

Considered and decided by HANSON, Presiding Judge, SCHUMACHER, Judge, and PORITSKY, Judge.


OPINION

PORITSKY, Judge.*

The state appeals from the district court's grant of respondents' motion for summary judgment. The district court ruled that the state's claims are time-barred by the statute of limitations provision of the Minnesota Environmental Response and Liability Act (MERLA). On appeal, respondents filed notices of review, asking this court to review a prior district...

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