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MOORHEAD MACH. & BOILER v. EMP. COMMERCIAL UNION

No. 49086.

285 N.W.2d 465 (1979)

MOORHEAD MACHINERY AND BOILER COMPANY, Appellant, v. EMPLOYERS COMMERCIAL UNION INSURANCE CO. OF AMERICA, Respondent, Great American Insurance Co., Defendant.

Supreme Court of Minnesota.

Rehearing Denied December 12, 1979.

Attorney(s) appearing for the Case

Speeter, Johnson, Hautman & Olson, Vincent E. Johnson and Patrick V. Johnson, Minneapolis, for appellant.

Meagher, Geer, Markham Anderson, Adamson, Flaskamp & Brennan, Mary Jeanne Coyne and O. C. Adamson, II, Minneapolis, for respondent.

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

KELLY, Justice.

Plaintiff Moorhead Machinery and Boiler Company (hereinafter Moorhead) contracted to design and build two meal storage tanks on a customer's site. While the completed tanks were in use, one of the tanks collapsed due to a design flaw, and, because the tanks were joined by a rigid conveyer and catwalk structure, the other was also destroyed.

Moorhead carried liability policies with defendant Employers...

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