District Court, D. Minnesota October 5, 2011, Civ. 11-1161 (RHK/FLN) (Nelson v. American Home Assurance Co.)

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

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Sons, Inc.