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UNITED STATES FIRE INS. CO. v. AMMALA

No. CX-82-916.

334 N.W.2d 631 (1983)

UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. Erland AMMALA, individually and d.b.a. Erland Ammala, defendant and third-party plaintiff, Respondent, Wells Concrete Products Company, third-party defendant, Respondent.

Supreme Court of Minnesota.

June 10, 1983.

Attorney(s) appearing for the Case

Jardine, Logan & O'Brien, St. Paul, and George David Roes, Annandale, for appellant.

Stringer, Courtney & Rohleder and Owen L. Sorenson, St. Paul, for respondent Ammala.

Hanft, Fride, O'Brien & Harries and John D. Kelly and Richard J. Leighton, Duluth, for respondent Wells Concrete Products.

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

YETKA, Justice.

Brainerd Construction Services Company, Inc. (Brainerd), a general contractor for the State of Minnesota, brought an action in Aitkin County District Court against Erland Ammala, a subcontractor, to recover the cost of repairing damage to its construction project caused by Ammala's negligence. Because United States Fire Insurance Company (U.S. Fire) had paid Brainerd for the cost of repair, it was substituted for Brainerd as the real party in interest...

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