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NELSON v. AMERICAN HOME ASSUR. CO.

Civ. No. 11-1161 (RHK/FLN).

824 F.Supp.2d 909 (2011)

Curtis and Ethel NELSON, Plaintiffs, v. AMERICAN HOME ASSURANCE COMPANY, Defendant.

United States District Court, D. Minnesota.

October 5, 2011.

Attorney(s) appearing for the Case

Jonathan M. Bye, Ann E. Kennedy, Meghan M. Elliott, Lindquist & Vennum PLLP, Minneapolis, MN, for Plaintiffs.

Robert E. Salmon, Dorothy Jaworski Paxton, Erin D. Doran, Meagher & Geer, PLLP, Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

This action arises out of a public construction project near the home of Plaintiffs Curtis and Ethel Nelson in Excelsior, Minnesota. The Nelsons previously sued the Metropolitan Council (the "Council"), the public body overseeing the project, and S.M. Hentges & Sons, Inc. ("Hentges"), the contractor hired to complete it, in Minnesota state court for damage allegedly...

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