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W. H. BARBER v. McNAMARA-VIVANT CONTR. CO.

No. 48236.

293 N.W.2d 351 (1979)

W. H. BARBER COMPANY, Respondent, v. McNAMARA-VIVANT CONTRACTING COMPANY, INC., and Bituminous Materials, Inc., Appellants.

Supreme Court of Minnesota.

Rehearing Denied September 25, 1979.

Attorney(s) appearing for the Case

Larkin, Hoffman, Daly & Lindgren and James P. Larkin and James Strother, Minneapolis, for appellants.

Dorsey, Windhorst, Hannaford, Whitney & Halladay and Thomas Tinkham and Jay Bennett, Minneapolis, for respondent.

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

PETERSON, Justice.

This case arose out of an action by plaintiff, W. H. Barber Company (Barber), against defendants McNamara-Vivant Contracting Company, Inc. (MV) and Bituminous Materials, Inc. (BMI) for asphalt goods sold and delivered to defendants in 1974. Defendants admitted receiving these goods but counterclaimed against plaintiff, seeking damages for plaintiff's refusal to deliver asphalt materials to defendants in October 1973, pursuant to an alleged requirements...

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