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INSTRUMENTATION SERVICES v. GENERAL RESOURCE

No. 48552.

283 N.W.2d 902 (1979)

INSTRUMENTATION SERVICES, INC., Respondent, v. GENERAL RESOURCE CORP., et al., defendants and third-party plaintiffs, Appellants, Dynamic Air, Inc., third-party defendant, Respondent, Durwood Schlee, third-party defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied October 1, 1979.

Attorney(s) appearing for the Case

Leonard, Street & Deinard, Morris M. Sherman, and Stephen J. Davidson, Minneapolis, for defendants and third-party plaintiffs, appellants.

Edward A. Towey, St. Paul, for Instrumentation Services, Inc.

Jacobson & Johnson, Marvin Jacobson, St. Paul, for Dynamic Air, Inc.

Efron & Roberts and Miles E. Efron and George W. Roberts, Minneapolis, for Durwood Schlee.

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

PETERSON, Justice.

Plaintiff, Instrumentation Services, Inc. (ISI), sued defendant third-party plaintiff Fluidizer, Inc.1, to recover in full on a subcontract it had with Fluidizer to perform work on a pneumatic conveyor system that Fluidizer had agreed to build for Standard Dry Wall Products, Inc. Fluidizer counterclaimed and, in addition, asserted against third-party defendants Dynamic Air, Inc. (a Fluidizer competitor) and Durwood Schlee...

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