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ANDERSON v. ANDERSON

No. 44515.

217 N.W.2d 854 (1974)

Paul D. ANDERSON, a Minor, by His Father and Natural Guardian, LaVern C. Anderson, et al., Plaintiffs, v. Janice K. ANDERSON, Defendant. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Defendant and Third-Party Plaintiff, Appellant, v. COUNTY OF DAKOTA, Third-Party Defendant, County of Washington, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

May 10, 1974.

Attorney(s) appearing for the Case

Stringer, Donnelly, Allen & Sharood and A. James Dickinson, St. Paul, for appellant.

Richards, Montgomery, Cobb & Bassford, and Jonathan P. Scoll, and Jack A. Rosberg, Jr., Minneapolis, for respondent.

Heard before PETERSON, TODD and SCOTT, JJ., and considered and decided by the court.

SCOTT, Justice.

This is a third-party action to enforce a contractual right of indemnity against Washington and Dakota Counties. Washington County moved for a dismissal of the third-party plaintiff's complaint. The motion was granted and the lower court ordered the action dismissed with prejudice. The third-party plaintiff, Chicago, Rock Island and Pacific Railroad Company, appeals from that order. We reverse.

An automobile accident occurred on July 9, 1971...

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