SANDPIPER VILLAGE CONDOMINIUM ASSOCIATION, INC. v. LOUISIANA-PACIFIC CORP.

No. 03-35058.

428 F.3d 831 (2005)

SANDPIPER VILLAGE CONDOMINIUM ASSOCIATION, INC., a Florida corporation and all others similarly situated; Craig Ostergren, co-conservator for Keith Ostergren, a minor, on behalf of themselves and all others similarly situated; Cheryl Ostergren, co-conservator for Keith Ostergren, a minor, on behalf of themselves and all others similarly situated; Keith Ostergren, a minor; Byron Alton; Susan Alton; Cpc Ltd., Washington Real Estate Developer, Plaintiffs, v. LOUISIANA-PACIFIC CORPORATION, a Delaware corporation, Defendant-Appellee, Lester Building Systems, a division of Butler Manufacturing Company; Lester's of Minnesota, Inc., Respondents-Appellants, State of Minnesota, Respondent-Amicus, and Harry A. Merlo, Defendant, State of Minnesota, Respondent, Insurance Company of North America; Cigna Insurance Company of North America; Northwestern Pacific Indemnity Company, Agricultural Insurance Company; National Union Fire Insurance Company; Lexington Insurance Company; Granite State Insurance Company, Defendant-Intervenors, v. James W. Gilles; Dale J. Matherly; Douglas Meckling; Michael L. Watts, Plaintiff-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2005.


Attorney(s) appearing for the Case

Kell M. Damsgaard (argued) and Brian W. Shaffer, Morgan, Lewis & Bockius LLP, Philadelphia, Pennsylvania; Janet M. Schroer, Hoffman, Hart & Wagner, Portland, Oregon, for the respondent-appellant.

Michael H. Simon (argued) and Jeffrey C. Dobbins, Perkins Coie LLP, Portland, Oregon, for the defendant-appellee.

Mike Hatch, Attorney General, David Woodward, Assistant Attorney General, for the State of Minnesota.

Before: REINHARDT, SILVERMAN and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge:

Lester Building Systems and its affiliate, Lester's of Minnesota, Inc. (collectively "Lester"), appeal an order permanently enjoining entry of judgment on a portion of a jury verdict rendered in favor of Lester and against Louisiana-Pacific Corporation ("L-P") in Minnesota state court. In re Louisiana-Pacific Inner-Seal Siding Litigation, 234 F.Supp.2d 1170 (D.Or. 2002). The district court exercised...

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