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WEYERHAEUSER COMPANY v. TWIN CITY MILLWORK CO.

No. 42671.

191 N.W.2d 401 (1971)

WEYERHAEUSER COMPANY, Respondent, v. TWIN CITY MILLWORK CO., et al., Defendants. WATSON CONSTRUCTION COMPANY and Planet Insurance Company, defendants and third-party plaintiffs, Appellants, v. FIRST NATIONAL BANK OF MINNEAPOLIS and Fidelity Bank and Trust Company, third-party defendants.

Supreme Court of Minnesota.

Rehearing Denied November 12, 1971.

Attorney(s) appearing for the Case

Faegre & Benson and Gordon Busdicker and Arthur L. Doten, Minneapolis, for appellants.

Carlsen, Greiner & Law, and Timothy O'Brien, Minneapolis (for Associated General Contractors of Minnesota), amicus curiae.

Briggs & Morgan and Philip L. Bruner, St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and ROGOSHESKE, JJ.

OPINION

OTIS, Justice.

Plaintiff, Weyerhaeuser Company, has sued and recovered against the prime contractor and its surety on a contractor's bond for millwork which it furnished in the construction of an addition to a building on the University of Minnesota campus. The principal issue is whether the record permits a finding that Twin City Millwork Company, with whom plaintiff contracted, was a subcontractor under the prime contractor, Watson Construction...

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