ELK RIVER CONCRETE PRODUCTS CO. v. AMERICAN CAS. CO.

No. 39,152.

268 Minn. 284 (1964)

129 N.W. (2d) 309

ELK RIVER CONCRETE PRODUCTS COMPANY v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. RAYMOND FISCHER, THIRD-PARTY DEFENDANT. BORCHERT-INGERSOLL, INC. v. SAME. NORTHFIELD IRON AND CULVERT COMPANY v. SAME.

Supreme Court of Minnesota.

May 29, 1964.


Attorney(s) appearing for the Case

Frank Hammond, David C. Forsberg, Richard H. Kyle, and Briggs & Morgan, for appellant.

Donald F. Pratt and Townsend, Pratt, Trench, Ericson & MacGregor, for respondent American Casualty Company.

Michael N. Lyons, Jr., for respondent Borchert-Ingersoll, Inc.

Paul C. Thomas and Thomas, King, Daubney, Swenson & Collatz, for respondent Northfield Iron and Culvert Company.

Peter Dorsey and Dorsey, Owen, Marquart, Windhorst & West, for respondent Elk River Concrete Products Company.


SHERAN, JUSTICE.

Appeal from an order of the district court denying the motion of third-party defendant for a new trial.

Plaintiffs, Elk River Concrete Products Company, Borchert-Ingersoll, Inc., and Northfield Iron and Culvert Company (hereinafter called suppliers), furnished material and equipment to Howard J. Fredrickson who had contracted with the State of Minnesota for road construction at Hibbing, McGrath,...

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