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INDEPENDENT SCH. v. CITY OF STEWARTVILLE

No. 51000.

304 N.W.2d 637 (1981)

INDEPENDENT SCHOOL DISTRICT NO. 534, Respondent, v. CITY OF STEWARTVILLE, Defendant and Third Party Plaintiff, Appellant, v. CONSULTING ENGINEERS DIVERSIFIED, INC., Third Party Defendant, Layne Minnesota Company et al., Third Party Defendant, Respondents.

Supreme Court of Minnesota.

April 24, 1981.

Attorney(s) appearing for the Case

Hoversten, Strom, Johnson & Rysavy and John S. Beckmann, William J. Nierengarten, Austin, for appellant.

Chadwick, Johnson & Bridell, Minneapolis, for respondents Layne Minnesota Corp. and United Pacific Ins. Co.

Timothy Berg Law Office, Carol M. Person, Stewartville, for respondent Independent School Dist. # 734.

Heard, considered and decided by the court en banc without oral argument.

AMDAHL, Justice.

Defendant City of Stewartville (City) appeals from an order compelling arbitration and staying its third-party action against third-party defendant Layne Minnesota Company (Layne) and Layne's performance bond surety, third-party defendant United Pacific Insurance Company (United). We denied a motion to dismiss and granted discretionary review pursuant to Minn.R. Civ.App.P. 105. We remand this matter to the district court.

In 1974 the City...

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