Kellogg Square Partnership, a Minnesota Partnership, Debtor-In-Possession v. The Prudential Insurance Company of America

BEAM, Circuit Judge.

In 1977, Kellogg Square Partnership (KSP) purchased a building from The Prudential Insurance Company of America (Prudential). When asbestos was discovered in the building years later, KSP filed suit against Prudential alleging breach of contract, fraudulent misrepresentation, and other claims. The district court 1 granted summary judgment in favor of Prudential and KSP appeals. Because Prudential did not warrant that the braiding was free of asbestos or otherwise undertake a duty to disclose the presence of asbestos, we affirm.

I. BACKGROUND

In 1977, KSP purchased a 32-story…