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FREY v. MONTGOMERY WARD & CO., INC.

No. 46872.

258 N.W.2d 782 (1977)

Merlon FREY, et al., Respondents, v. MONTGOMERY WARD & COMPANY, INC., defendant and third party plaintiff, Appellant, v. McGRAW-EDISON COMPANY, third party defendant and fourth party plaintiff, Respondent, v. ROBERTSHAW CONTROLS COMPANY, fourth party defendant, Respondent.

Supreme Court of Minnesota.

September 28, 1977.

Attorney(s) appearing for the Case

Doherty, Rumble & Butler and Bruce E. Hanson, St. Paul, for appellant.

Schiefelbein & Greenberg and Alan G. Greenberg, Minneapolis, for Frey, et al.

Ochs, Larsen, Klimek & Cesario and Norman W. Larson, Minneapolis, for McGraw-Edison Co.

Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, for Robertshaw Controls Co.

Heard before PETERSON, MacLAUGHLIN and SCOTT, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Plaintiffs, Merlon and Guelda Frey, commenced this action to recover damages allegedly caused by overheating from a space heater purchased from defendant, Montgomery Ward & Company, Inc. (Montgomery Ward), for use in a house trailer where plaintiffs bred and raised chinchillas for commercial purposes. Montgomery Ward then commenced a third-party action against McGraw-Edison Company (McGraw-Edison), manufacturer of the space heater, and McGraw...

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