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LESMEISTER v. DILLY

No. 81-1047.

330 N.W.2d 95 (1983)

Jack LESMEISTER, Respondent, v. Bob DILLY, Jr., et al., Defendants. Bob DILLY, Jr., Respondent, and Monarch Industries, Inc., defendant and third party plaintiff, Appellant, v. ATLANTIC BUILDING SYSTEMS, INC., third party defendant, Respondent.

Supreme Court of Minnesota.

On Motion For Reargument February 14, 1983.

Attorney(s) appearing for the Case

Murnane, Conlin, White, Brandt & Hoffman, Thomas M. Conlin and Robert W. Murnane, St. Paul, for appellant.

Dewey M. Nelson, Morris, for Lesmeister.

Richard S. Roberts, Wheaton, for Dilly.

Prindle, Maland, Sellner, Stennes & Thompson and Thomas L. Thompson, Montevideo, for Atlantic Building Systems, Inc.

Considered and decided by the court en banc without oral argument.

PETERSON, Justice.

This appeal arises from an action brought by Jack Lesmeister against Bob Dilly, Jr. and Monarch Industries, Inc. (Monarch) for damages sustained due to defects and lateness in construction of a grain storage building. Monarch impleaded Atlantic Building Systems, Inc. (Atlantic), which designed and fabricated the building. The parties then made various counterclaims and crossclaims against each other.1 Based on a jury...

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