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JACOBSON v. RAUENHORST CORPORATION

No. 44187.

221 N.W.2d 703 (1974)

Irwin JACOBSON, Respondent, v. RAUENHORST CORPORATION, Defendant and Third-Party Plaintiff, Respondent, v. D. R. SMITH ERECTION COMPANY, Third-Party Defendant, Appellant.

Supreme Court of Minnesota.

September 20, 1974.

Attorney(s) appearing for the Case

Jardine, Logan & O'Brien, Donald M. Jardine and Margaret M. Marrinan, St. Paul, for appellant.

DeParcq, Anderson, Perl & Hunegs, Minneapolis, for Jacobson.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and R. M. Frisbee, and O. C. Adamson, II, Minneapolis, for Rauenhorst.

Heard before KNUTSON, C. J., and OTIS, PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This is a personal injury action resulting from an accident which occurred on October 5, 1971, while plaintiff, Irwin Jacobson, was employed by third-party defendant, D. R. Smith Erection Company, subcontractor on a construction project where defendant, Rauenhorst Corporation, was the principal contractor. Third-party defendant appeals from judgment for defendant granted on the pleadings and from an order denying a motion for vacation of the judgment...

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