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KITTSON CTY. v. WELLS, DENBROOK & ASSOC., INC.

No. 45660.

241 N.W.2d 799 (1976)

KITTSON COUNTY, Minnesota, Appellant, v. WELLS, DENBROOK & ASSOCIATES, INC., Respondent, Dean L. Witcher Incorporated, Respondent, Witcher Construction Company, Respondent, and Nordenstrom Plastering Company, Inc., defendant and third-party plaintiff, Respondent, Cement Enamel Development, Inc., third-party defendant, Respondent.

Supreme Court of Minnesota.

April 23, 1976.

Attorney(s) appearing for the Case

Dennis M. Sobolik, County Atty., Robert K. Severson, Hallock, for appellant.

Wurst & McDowell, Shaft, Shaft, McConn & Fisher, Thief River Falls, for Wells, Denbrook & Associates, Inc.

Padden, Dickel, Johannson, Wall & Taylor and Lee E. Wall, Crookston, for Dean L. Witcher Inc.

Erickson, Erie & Odland, Crookston, and Lee Hamilton, Grand Forks, N. D., for Witcher Const. Co.

Tweten & German, East Grand Forks, N. D., and O'Grady, Edwards, Anderson & Lawrence, Grand Forks, N. D., for Nordenstrom Plastering Co.

Garrity, Cahill, Gunhus, Streed, Grinnell & Jeffries and Paul E. Grinnell, Moorhead, for respondents.

Heard and considered en banc.

KELLY, Justice.

Plaintiff county appeals from a judgment of the district court dismissing its action against defendant architects and construction contractors as barred by the 2-year statute of limitations in Minn.St. 541.051, subd. 1. We reverse.

The county employed defendants Wells, Denbrook & Associates (architects) and Dean L. Witcher, Inc. (contractor) to plan and build a new courthouse. The contractor, in turn, subcontracted the exterior finish of...

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