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CITY OF COON RAPIDS v. SUBURBAN ENGINEERING, INC.

No. 41245.

167 N.W.2d 493 (1969)

CITY OF COON RAPIDS, Appellant, v. SUBURBAN ENGINEERING, INC., Robert P. Minder, Dailey Construction Company, Land and Properties Inc., Vern Donnay Construction Co. Inc., Walbon Excavating Company, Duane A. Petrowske and Richard D. Ross, a partnership, and Petrowske and Ross, Inc., Respondents.

Supreme Court of Minnesota.

March 28, 1969.

Attorney(s) appearing for the Case

William Merlin Law Firm, and Daniel A. Utter, Minneapolis, for appellant.

Altman, Geraghty, Leonard & Mulally and Kenneth M. Shadeck, St. Paul, for Suburban Eng.

Carr & Carr, Minneapolis, for Dailey Const. Co.

Strong, Tully & Bush, Minneapolis, for Land and Properties, Inc.

Meagher, Geer, Markham & Anderson, O. C. Adamson, II, and Robert M. Frisbee, Minneapolis, for Vern Donnay Const. Co.

LeVander, Zimpfer & Tierney, Minneapolis, for Walbon Excavating Co.

Thomson & Lovett, and James L. Wahlfors, Minneapolis, for Petrowske & Ross, Inc.

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.

OPINION

MURPHY, Justice.

This is an appeal from a summary judgment for defendants in an action by the city of Coon Rapids seeking damages in connection with defective construction of a storm sewer. Defendants are Vern Donnay Construction Co., Inc., Dailey Construction Company and Land and Properties, Inc., which are two real estate development concerns, and their agents and associates, Suburban Engineering, Inc., Robert P. Minder, Walbon Excavating Company...

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