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METRO CONTRACTING, INC. v. OSCAR H. KULSETH COMPANY

No. 43436.

202 N.W.2d 219 (1972)

METRO CONTRACTING, INC., formerly Swanson Excavating Co., Respondent, v. OSCAR H. KULSETH COMPANY, Appellant, City of Shakopee, et al., Defendants.

Supreme Court of Minnesota.

Rehearing Denied November 17, 1972.

Attorney(s) appearing for the Case

Berndt & Overson, Mankato, for appellant.

Perbix, Harvey & Simons, Hopkins, for respondent.

Heard before KNUTSON, C. J., and KELLY, TODD, and MacLAUGHLIN, JJ.

PER CURIAM.

Metro Contracting, Inc., a subcontractor, has brought this action against the Oscar H. Kulseth Company, the contractor, on their subcontracting agreement. The jury returned a verdict for plaintiff of $15,000. The trial court denied defendant's motion for judgment notwithstanding the verdict or a new trial provided that plaintiff consent to remittitur of its recovery to $5,350. Plaintiff filed its consent, and defendant appealed from the denial of its motion...

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