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HELM v. EL REHBEIN & SON, INC.

No. 46059.

257 N.W.2d 584 (1977)

Nicholas C. HELM and Mary B. Helm, Individually, as Joint Owners in Joint Tenancy, and as Parents and Natural Guardians of Infants, Mollie Helm, Mark Helm, and Thomas Helm, et al., Appellants, v. EL REHBEIN & SON, INC., defendant and third party plaintiff, Respondent, v. Dale HUBER and Daryl Jones, d. b. a. Huber & Jones, third party defendants, Respondents.

Supreme Court of Minnesota.

September 2, 1977.

Attorney(s) appearing for the Case

Robins, Davis & Lyons, Judy A. Rogosheske, Dale I. Larson and Robert M. Wattson, Minneapolis, for appellants.

Weaver, Talle & Herrick, and Virgil C. Herrick, Fridley, Popham, Haik, Schnobrich, Kaufman & Doty, Wayne G. Popham and Allen Hinderaker, Minneapolis, for El Rehbein & Son, Inc.

Harvey Skaar, Minneapolis, for respondents.

Heard before TODD, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.

MacLAUGHLIN, Justice.

Plaintiffs, Nicholas C. Helm and Mary B. Helm, commenced this action for damages for loss of life, personal injuries, and property destruction as a result of a fire which destroyed their residence and caused the deaths of two of their five minor children. The Helms alleged negligence, breach of implied warranties, and strict liability in tort against defendant, El Rehbein and Son, Inc. (Rehbein), the contractor which constructed the house, and...

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