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GRAZZINI BROS. & COMPANY v. BUILDERS CLINIC, INC.

No. 41013.

160 N.W.2d 259 (1968)

GRAZZINI BROS. & COMPANY, Respondent, v. BUILDERS CLINIC, INC., defendant and third party plaintiff, Respondent, v. Helge G. OLSON and Alie E. Tichich, third party defendants, and CITY OF MINNEAPOLIS, third party defendant and third party plaintiff, Appellant, v. PACIFIC NATIONAL INSURANCE COMPANY, and Alie Tichich Associates, Architects, third party defendants, Respondents.

Supreme Court of Minnesota.

July 5, 1968.

Attorney(s) appearing for the Case

Keith M. Stidd, City Atty., Paul T. Aitken, Asst. City Atty., Minneapolis, for appellant.

Fudali, Remes & Fudali, Minneapolis, for Grazzini Bros.

John J. Kelly and Goodrich M. Sullivan, Minneapolis, for Bldrs. Clinic, Inc.

T. Meagher, Geer, Markham & Anderson, O. C. Adamson and Robert M. Frisbee, Minneapolis, for Pacific Nat. Ins. Co.

Robert P. Schwinn, Minneapolis, for Alie E. Tichich.

OPINION

PETERSON, Justice.

This is an appeal from a summary judgment granted in Municipal Court of Hennepin County in favor of a surety upon a general contractor's bond1 posted under its building construction contract with a municipality, the municipality claiming indemnity against the surety for any liability arising out of the claims of a subcontractor against the general contractor for labor and materials not paid by the general...

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