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HART v. CESSNA AIRCRAFT CO.

No. 48329.

276 N.W.2d 166 (1979)

Catherine HART, Individually, and Catherine Hart, Trustee for the Heirs of Lee Hart, Decedent, Respondent, v. CESSNA AIRCRAFT COMPANY, defendant and third party plaintiff, Appellant, v. Thomas VOGT, third party defendant, Respondent.

Supreme Court of Minnesota.

February 9, 1979.

Attorney(s) appearing for the Case

Faegre & Benson and Wright W. Brooks, Ludwig B. Gartner, Jr., and Winthrop A. Rockwell, Minneapolis, for appellant.

Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, Jardine, Logan & O'Brien and Charles E. Gillin, St. Paul, for respondents.

Heard, considered, and decided by the court en banc.

YETKA, Justice.

Appeal by defendant and third-party plaintiff Cessna Aircraft Company from an order of the Ramsey County District Court granting third-party defendant Vogt's motion for summary judgment and from judgment entered on October 13, 1977. Affirmed and remanded for proceedings consistent with procedures set out in this opinion.

The issue raised in this appeal is whether, where a plaintiff is unsuccessful in an action against one tortfeasor and brings...

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