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JOHNSON v. McGOUGH CONST. CO., INC.

No. 50267.

294 N.W.2d 286 (1980)

Robert J. JOHNSON et al., Plaintiffs, v. McGOUGH CONSTRUCTION CO., INC., defendant and third party plaintiff, Respondent, v. HANKEE HEATING CO., INC., third party defendant, Appellant, Acme Sheet Metal Co., Third Party Defendant.

Supreme Court of Minnesota.

Rehearing Denied July 8, 1980.

Attorney(s) appearing for the Case

Castor, Ditzler & Klukas and Jerome R. Klukas, Minneapolis, for appellant.

Jardine, Logan & O'Brien, Donald M. Jardine and Carol A. Hooten, St. Paul, for McGough Const. Co.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson, II, Minneapolis, for Acme Sheet Metal Co.

Robins, Davis & Lyons and John Brian, II, Minneapolis, for Johnson, et al.

Lommen, Cole & Stageberg and Phillip A. Cole, Minneapolis, for Iowa Nat'l Mut. Ins. Co.

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

ROGOSHESKE, Justice.

Third-party defendant, Hankee Heating Co., Inc., appeals from a judgment of the district court entered pursuant to an order granting the motion of third-party plaintiff, McGough Construction Co., Inc., for summary judgment. The principal issue raised is whether the subcontract agreement between the parties expressly provides that the subcontractor will indemnify the general contractor for damages due to injury caused by the general contractor...

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