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LUXENBURG v. CAN-TEX INDUSTRIES

No. 46867.

257 N.W.2d 804 (1977)

Robert A. LUXENBURG, d.b.a. R. A. Luxenburg Construction Company, Appellant, v. CAN-TEX INDUSTRIES, Respondent, Howard A. Kuusisto, d.b.a. Howard A. Kuusisto Consulting Engineers, Respondent.

Supreme Court of Minnesota.

August 19, 1977.

Attorney(s) appearing for the Case

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

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Thomas L. Adams and J. Richard Bland, Minneapolis, for Kuusisto.

Murnane, Murnane, Conlin & White, and Robert W. Murnane, St. Paul, for Can-Tex.

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

PETERSON, Justice.

Plaintiff, Robert A. Luxenburg, d.b.a. R. A. Luxenburg Construction Company, appeals from dismissal of his complaint and entry of judgment in favor of defendants Can-Tex Industries and Howard A. Kuusisto, d.b.a. Howard A. Kuusisto Consulting Engineers. The trial court dismissed plaintiff's action on the grounds that a settlement agreement between plaintiff and a third defendant, the village of Maplewood...

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