Pamida, Inc. v. Christenson Building Corporation, Defendant/third Party v. R & Q Trucking, Inc. Maxim Technologies, Inc. Lowell Johnson, Third Party

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, Pami-da 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, and two subcontractors, R & Q Trucking and Maxim Technologies (as successor in interest to Twin City Testing). The district court…