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GRAY v. BADGER MINING CORP

No. C4-02-2052.

664 N.W.2d 881 (2003)

Lawrence B. GRAY, Respondent, v. BADGER MINING CORPORATION, individually and as successor-in-interest to the C.A. Chier Sand Company, Appellant, Carpenter Brothers, Inc., et al., Defendants.

Court of Appeals of Minnesota.

July 15, 2003.

Attorney(s) appearing for the Case

Michael S. Polk, Michael R. Strom, Sieben, Polk, LaVerdiere & Hawn, P.A., Hastings, MN, for respondent.

Robert E. Diehl, Cynthia R. Bartell, Minneapolis, MN; and Cathy R. Gordon, pro hac vice, Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA, for appellant.

Considered and decided by SHUMAKER, Presiding Judge, SCHUMACHER, Judge, and HALBROOKS, Judge.

OPINION

GORDON W. SHUMAKER, Judge.

Respondent Lawrence Gray developed silicosis and sued appellant Badger Mining Corporation and various other defendants in this personal-injury action. He claimed that the defendants were negligent and strictly liable for failing to warn him of the dangers of breathing silica dust, and that the defendants breached warranties of merchantability and fitness for intended purpose...

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