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CALDER v. CITY OF CRYSTAL

No. 81-38.

318 N.W.2d 838 (1982)

Jack M. CALDER, et al., Plaintiffs, v. CITY OF CRYSTAL, defendant and third-party plaintiff, Appellant, Richard E. Hipp, individually and d/b/a Hipp Construction Co., Hipp's Construction Co., and Northern Contracting Co., Third Party Defendants, William D. Schoell, individually and d/b/a Caswell and Schoell, third-party defendants, Respondents.

Supreme Court of Minnesota.

April 23, 1982.

Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson, Henry A. Cousineau, Jr., and Barbara A. Burke, Minneapolis, for defendant and third-party plaintiff, appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and J. Richard Bland, Minneapolis, for Schoell.

Heard, considered, and decided by the court en banc.

YETKA, Justice.

This is an appeal from the grant of third-party defendant Schoell's motion for summary judgment. This motion was based on the ground that the City of Crystal's cause of action against Schoell for contribution or indemnification was barred by Minn.Stat. § 541.051 (1980). Only the City of Crystal and Schoell are parties to this appeal; the other third-party defendants, Hipp and Northern, have agreed to abide by the determination. The original matter...

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