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CARLSON v. SMOGARD

No. 44186.

215 N.W.2d 615 (1974)

David N. CARLSON, Respondent, v. Merrill J. SMOGARD, Defendant and Third-Party Plaintiff, Appellant, v. QUALITY MERCURY, INC., Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

February 22, 1974.

Attorney(s) appearing for the Case

Robb Van Eps & Gilmore and John R. deLambert, Minneapolis, for appellant.

Luther M. Stalland, Minneapolis, for David N. Carlson.

Lasley Gaughan Reid & Stich and Douglas Dale Reid, Jr., Minneapolis, for Quality Mercury.

Heard before KNUTSON, C. J., and KELLY, TODD, and SCOTT, JJ., and reconsidered and decided by the court en banc.

SCOTT, Justice.

Defendant and third-party plaintiff, Merrill J. Smogard, appeals from a judgment entered pursuant to a district court order dismissing his third-party complaint against Quality Mercury, Inc., employer of the plaintiff. We grant discretionary review,1 and reverse.

Plaintiff, David N. Carlson, brought this action against Smogard, alleging negligence in the installation...

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