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L. J. McNULTY, INC. v. VILLAGE OF NEWPORT

No. 42291.

187 N.W.2d 616 (1971)

L. J. McNULTY, INC., Appellant, v. VILLAGE OF NEWPORT, Defendant and Third-Party Plaintiff, Respondent, v. BANISTER ENGINEERING CO., Third-Party Defendant, Respondent, Blake Engineering Company, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 26, 1971.

Attorney(s) appearing for the Case

Thomas, King, Swenson & Collatz, St. Paul, for appellant.

Peterson & Popovich, St. Paul, for Village of Newport.

Meagher, Geer, Markham & Anderson, Mary Jeanne Coyne and O. C. Anderson II, Minneapolis, for Banister Eng. Co.

Bentson & Kalina, Lakeville, for Blake Eng. Co.

Heard before KNUTSON, C. J., and NELSON, OTIS, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

NELSON, Justice.

This action was commenced in the District Court of Washington County by plaintiff, L. J. McNulty, Inc., against the village of Newport to recover damages of $100,710 by reason of false information furnished plaintiff by the village, on which information plaintiff based a construction bid. The village joined as third-party defendants its consulting engineer, Banister Engineering Company (hereinafter referred to as Banister), and Blake...

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