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PAMIDA, INC. v. CHRISTENSON BUILDING CORP.

No. 01-1052.

285 F.3d 701 (2002)

PAMIDA, INC., Plaintiff-Appellant, v. CHRISTENSON BUILDING CORPORATION, Defendant/Third Party Plaintiff-Appellee, v. R & Q Trucking, Inc.; Maxim Technologies, Inc.; Lowell Johnson, Third Party Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2002.

Attorney(s) appearing for the Case

Gary A. Van Cleve, Bloomington, MN, argued (James M. Susag, Bloomington, MN, on the brief), for appellant.

John E. Varpness, Edina, MN, argued (Scott M. Rusert, Gregory J. Wiley, Stephen L. Wilson and Bradley D. Fisher, Minneapolis, MN, on the brief), for appellees.

Before LOKEN, LAY, and RILEY, Circuit Judges.

LOKEN, Circuit Judge.

In the fall of 1990, Christenson Building Corporation ("CBC") completed a 42,000 square foot retail store in Roseau, Minnesota, for Pamida, Inc. In May 1999, Pamida commenced this diversity action alleging that inadequate compaction and the use of improper fill materials had caused the concrete floor slab to settle, causing substantial damage to the store. CBC asserted third-party claims against the construction superintendent, Lowell Johnson...

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