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J. N. SULLIVAN & ASSOC. v. F. D. CHAPMAN CONST.

No. 44549.

231 N.W.2d 87 (1975)

J. N. SULLIVAN AND ASSOCIATES, INC., Respondent, v. F. D. CHAPMAN CONSTRUCTION CO., et al., Appellants, LeRoy Winner, et al., Defendants.

Supreme Court of Minnesota.

Rehearing Denied July 16, 1975.

Attorney(s) appearing for the Case

Thomson, Lovett, Wahlfors & Moran and James L. Wahlfors, Bloomington, for appellants.

Briggs & Morgan, B. C. Hart and Marvin T. Fabyanske, St. Paul, for respondent.

Heard before ROGOSHESKE, KELLY and YETKA, JJ., and considered and decided by the court en banc.

KELLY, Justice.

J. N. Sullivan and Associates, Inc. (Sullivan) initially brought this action against J. C. Chapman Construction Co. (Chapman) and several other defendants to recover damages for breach of contract and negligence. The trial court granted Sullivan's motion for a directed verdict against Chapman and defendant Glens Falls Insurance Company, which had furnished a performance and payment bond for Chapman. We affirm.

In 1967, the village of Circle...

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