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GREEN PLAINS OTTER TAIL, LLC v. PRO-ENVIRONMENTAL

No. 18-3357.

953 F.3d 541 (2020)

GREEN PLAINS OTTER TAIL, LLC Plaintiff-Appellant v. PRO-ENVIRONMENTAL, INC. Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 20, 2020.

Attorney(s) appearing for the Case

A. Elizabeth Burnett , Scott G. Johnson , ROBINS & KAPLAN, Minneapolis, MN, Brian G. Cunningham , NIELSEN & ZEHE, Chicago, IL, Michael Sean Errera , Thomas B. Orlando , FORAN & GLENNON, Chicago, IL, Michael L. Foran , CLAUSEN & MILLER, Chicago, IL, for Plaintiff-Appellant.

Teri Bentson , LAW OFFICE OF THOMAS P. STILP, Golden Valley, MN, Amanda Margaret Cialkowski , Brian N. Johnson , NILAN & JOHNSON, Minneapolis, MN, John Christopher Syverson , JOHN SYVERSON LAW FIRM, Golden Valley, MN, Brendan R. Tupa , ENTREPRENEURS & FREE MARKETS, Minneapolis, MN, for Defendant-Appellee.

Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges.

Green Plains Otter Tail, LLC owns and operates an ethanol production facility. In 2014, an explosion and fire extensively damaged it. Green Plains sued Pro-Environmental, Inc. for negligence and products liability, alleging defective design and failure to adequately instruct and warn users. The district court granted summary...

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