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LEMMER v. IDS PROPERTIES, INC.

Nos. 50327, 50463.

304 N.W.2d 864 (1980)

James R. LEMMER, et al., Plaintiffs, v. IDS PROPERTIES, INC., defendant and third party plaintiff, Respondent, Appellant. WACO SCAFFOLDING AND SHORING COMPANY, defendant and third party plaintiff, Respondent, v. TURNER CONSTRUCTION COMPANY, third party defendant, Appellant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied May 12, 1981.

Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson, Kathleen D. Drake, Minneapolis, for IDS Properties, Inc. in No. 50327.

Mahoney, Dougherty & Mahoney and Kenneth P. Gleason, Minneapolis, for Turner Construction Company.

Cousineau McGuire, Shaughnessy & Anderson and James L. Haigh, Minneapolis, for IDS Properties, Inc. in No. 50463.

Popham, Haik, Schnobrich, Kaufman & Doty and G. Marc Whitehead, Minneapolis, for Waco Scaffolding & Shoring Company.

Heard before OTIS, WAHL, and SCOTT, JJ., and considered and decided by the court en banc.

OTIS, Justice.

The plaintiff, James R. Lemmer, was injured while working in the IDS Center on September 11, 1972. In 1975 he and his wife, Irene G. Lemmer, sued IDS and Waco Scaffolding and Shoring Company, the owner and sub-contractor respectively. In 1977 IDS impleaded Turner Construction, the general construction manager on the project, for contribution and indemnity. Trial commenced on September 12, 1978.

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