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JOHNSON v. SERRA

Nos. 74-1721, 74-1760.

521 F.2d 1289 (1975)

Janet R. JOHNSON, Trustee, Plaintiff-Appellee, v. Richard SERRA, et al., Defendants-Appellees, and Milgo Industrial, Inc., a corporation, and Milgo Art(s) Systems, Inc., Defendants and Third-Party Plaintiffs-Appellants, v. Pratt's Express Company, Third-Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1975.

Attorney(s) appearing for the Case

John E. Castor, and Robert J. McGuire, Minneapolis, Minn., for appellants, Milgo Art(s) Systems, Inc., and Milgo Industrial, Inc.

Charles T. Hvass, Minneapolis, Minn., for appellee, Janet R. Johnson.

Robert M. Wattson, Minneapolis, Minn., for appellee, Richard Serra.

Graham Heikes, St. Paul, Minn., for appellee, Pratt's Express Co.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and LAY, Circuit Judge.

GIBSON, Chief Judge.

Defendants Milgo Industrial, Inc., a steel fabricator, and Milgo Art(s) Systems, Inc., its broker,1 fabricated a massive steel sculpture using plans developed by defendant Weidlinger Engineering from a design of defendant artist Richard Serra. Serra's "Sculpture No. 3" consisted of two 2¼ inch thick, 8 foot square steel plates weighing 5,212 pounds each, standing in slots in a 7-inch diameter, 12½ foot long...

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