CALEDONIA COMMUNITY HOSPITAL, formerly The Caledonia Community Hospital Association, et al., Appellants,
v.
LIEBENBERG SMILEY GLOTTER & ASSOCIATES, INC., formerly S. C. Smiley & Associates Co., et al., Respondents,
Mayeron Engineering Company, et al., Respondents.
SOIL EXPLORATION COMPANY, et al., defendants and third-party plaintiffs, Respondents,
v.
NELSON CONSTRUCTION COMPANY OF CALEDONIA, third-party defendant, Respondent.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
April 23, 1976.
On Rehearing October 29, 1976.
Attorney(s) appearing for the Case
Grose, Von Holtum, Von Holtum, Sieben & Schmidt, Harry A. Sieben, Jr., and Jeffrey L. Flynn, Minneapolis, for appellants.
Carroll, Cronan, Roth & Austin, Frank X. Cronan and John A. Doyle, Leonard, Street & Deinard, Minneapolis, for Liebenberg, etc.
Mordaunt, Walstad, Cousineau & McGuire, Robert J. McGuire and Harold J. W. Sweet, Minneapolis, for Mayeron Eng. Co., and others.
Grannis & Grannis, Vance B. Grannis, Roger N. Knutson and Jo M. Fairbairn, So. St. Paul, for Soil Exploration Co., and others.
Meagher, Geer, Markham, Anderson, Flaskamp & Brennan, Clyde F. Anderson and J. Richard Bland, Minneapolis, for Nelson Constr. Co.
Dunlap, Keith, Collins, Towey & Finseth and Richard W. Towey, Rochester, amicus curiae, for St. Paul Companies seeking reversal.
Doherty, Rumble & Butler, Boyd H. Ratchye & C. Robert Beattie, St. Paul, amicus curiae, seeking affirmance.
Considered and decided by the court en banc.
Supreme Court of Minnesota.
PER CURIAM.
This is an appeal from summary judgment for defendants, ordered on the theory that plaintiffs' claim was filed more than 10 years after the date of final completion of the Caledonia Community Hospital and thus was barred by Minn.St. 541.051.1 Because we hold that § 541.051 does not apply to claims by an owner against architects and contractors who contracted with the owner for the design and construction of improvements...
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