Legal Opinion
Marvin Lumber & Cedar Co. v. PPG Industries, Inc.
Court of Appeals for the Eighth Circuit
Decided November 7, 2000No. 99-1424PublishedCited by 1 opinion
1Opinion of the Court
ORDER
The petition for rehearing by the panel is denied. Judge Lay dissents.
2DissentLay, Circuit Judge
The persuasive petition for rehearing filed by Marvin Lumber requires this court to grant a rehearing. It is mystifying to me that the majority opinion adheres to the opinion in Regents of the University of Minnesota v. Chief Industries, 106 F.3d 1409 (8th Cir.1997), rather than following state law as set forth by the Minnesota Court of Appeals in Jennie-O Foods, Inc. v. Safe-Glo Products, 582 N.W.2d 576 (Minn.Ct.App.1998), which rejects the reasoning set forth by the majori*978ty in Chief Industries. The law of Minnesota…
3Cases cited4 opinions
- Hoang Minh Ly v. NystromSupreme Court of Minnesota · 2000
- Church of the Nativity of Our Lord v. WatPro, Inc.Supreme Court of Minnesota · 1992
- Jennie-O Foods, Inc. v. Safe-Glo Products Corp.Court of Appeals of Minnesota · 1998
- Hoang Minh Ly v. NystromCourt of Appeals of Minnesota · 2000