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GRAY v. BADGER MIN. CORP.

No. C4-02-2052.

676 N.W.2d 268 (2004)

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

Supreme Court of Minnesota.

March 18, 2004.

Attorney(s) appearing for the Case

Michael S. Polk, Michael S. Strom, Sieben Polk, Laverdiere, & Dusich, P.A., Hastings, for Attorneys for Appellant Lawrence B. Gray.

Robert E. Diehl, Cynthia R Bartell, Foley & Mansfield, P.L.L.P., L. John Argento, Cathy R. Gordon, Thomas J. Jezewski, Dickie, McCamey & Chilcote, P.C., Pittsburgh, PA, for Attorneys for Respondent Badger Mining Corporation.

Wilbur W. Fluegel, Esq., Minneapolis, for Amici curiae, American Tort Reform Association.

David F. Zoll, David Evans, Arlington, VA, Lateesa T. Ward, Ward & Ward, L.L.C., Minneapolis, for Amici curiae, American Chemistry Council.

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

OPINION

HANSON, Justice.

This appeal focuses on the district court's denial of a motion for summary judgment brought by a supplier of silica to dismiss the products liability claim of an injured foundry worker. The issue is whether the raw materials supplier, respondent Badger Mining Corp. (Badger Mining), breached a duty to warn the worker, appellant Lawrence B. Gray (Gray), of hazards associated with the use...

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