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INDEPENDENT SCH. DIST. NO. 181 v. CELOTEX CORP.

No. 45655.

244 N.W.2d 264 (1976)

INDEPENDENT SCHOOL DISTRICT NO. 181, BRAINERD, Minnesota, Respondent, v. The CELOTEX CORPORATION and/or The Celotex Division of Jim Walter Corporation, Appellant, Adolfson & Peterson, Inc., et al., Respondents, L. E. Stegner, et al., individually and as co-partners, d. b. a. Stegner Hendrickson McNutt & Sullivan, successor to Stegner Hendrickson and McNutt, Respondents, Thelen Heating & Roofing, Inc., Respondent.

Supreme Court of Minnesota.

July 9, 1976.

Attorney(s) appearing for the Case

Shanedling, Phillips, Gross & Aaron and Bert M. Gross, Minneapolis, for appellant.

Moore, Costello & Hart and Ronald E. Martell, St. Paul, and Fitzpatrick, Larson & Fitzpatrick, Brainerd, for Ind. Sch. Dist. No. 181.

Carlsen, Greiner & Law and Peter F. Greiner, Minneapolis, for Adolfson & Peterson, Inc., et al.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson II and Thomas L. Adams, Minneapolis, for Stegner et al.

Ryan, Ryan, Ebert & Ruttger, Donald I. Ryan, and Thomas J. Ryan, Brainerd, for Thelen Heating & Roofing, Inc.

Heard before SHERAN, C. J., and KELLY, TODD, and BREUNIG, JJ., and considered and decided by the court en banc.

ROBERT J. BREUNIG, Justice.*

In March 1966, plaintiff, Independent School District No. 181, Brainerd, Minnesota (School District), retained defendants Stegner, Hendrickson, McNutt, and Sullivan (McNutt) as architects to prepare plans for a proposed new Brainerd High School. Construction began in July 1967. The general contractor for the project was defendant Adolfson & Peterson, Inc. (A & P), and the subcontractor for the roof...

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