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DeVRIES v. CITY OF AUSTIN

Nos. 37,983, 38,005, 38,115, 38,338.

261 Minn. 52 (1961)

110 N.W. (2d) 529

FLOYD DeVRIES v. CITY OF AUSTIN AND OTHERS. SEABOARD SURETY COMPANY, THIRD-PARTY DEFENDANT. JORDAN BUILDERS, INC., AND OTHERS, APPELLANTS.

Supreme Court of Minnesota.

September 8, 1961.

Attorney(s) appearing for the Case

Kenneth K. McMillan and Baudler & Baudler, for plaintiff.

Mahoney & Mahoney and Harry H. Peterson, for city of Austin.

Elmer R. Peterson and John R. Peterson, for the board.

Tyrrell, Jardine, Logan & O'Brien, for Thompson & Lewison.

Alderson, Catherwood, Kelley & Ondov, for Jordan Builders, Inc.

William J. Nierengarten, for Jordan Builders, Inc., on cross-claim of city.

THOMAS GALLAGHER, JUSTICE.

Floyd DeVries brought this action against the city of Austin, hereafter referred to as the city; the Board of Water, Electric, Gas and Power of Austin, hereafter referred to as the board; Jordan Builders, Inc., hereafter referred to as Jordan; and Thompson and Lewison, a copartnership, hereafter referred to as Thompson, on the ground that their negligence in excavating a trench for curb and gutter on the street in front of plaintiff's residence...

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