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BARRY v. BAKER ELEC. CO-OP., INC.

Civ. Nos. 10658, 10659.

354 N.W.2d 666 (1984)

Scott BARRY, Plaintiff, v. BAKER ELECTRIC COOPERATIVE, INC., and Maier Engineering, Inc., Defendants and Appellants. BAKER ELECTRIC COOPERATIVE, INC., and Maier Engineering, Inc., Defendants, Third-Party Plaintiffs and Appellants, v. BARRY CONSTRUCTION CO., Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

July 27, 1984.

Attorney(s) appearing for the Case

Dosland, Dosland & Nordhougen, Moorhead, Minn., for Scott Barry; no appearance.

Pringle & Herigstad, Minot, for appellant Baker Elec.; argued by Mitchell Mahoney, Minot.

Solberg, Stewart, Boulger & Miller, Fargo, for appellant Maier Engineering; no appearance.

Gunhus, Grinnell, Klinger, Swenson & Guy, Moorhead, Minn., for appellee Barry Const.; argued by Dean Hoistad, Moorhead, Minn.

SAND, Justice.

Baker Electric Cooperative, Inc. (Baker) and Maier Engineering, Inc. (Maier) appealed from a summary judgment dismissing Barry Construction Co. (Barry Construction), a third-party defendant, from an action initially brought by Scott Barry (Scott) seeking damages for injuries he sustained in a construction accident.

In 1978 Baker and Barry Construction entered into an electrical construction contract to be performed in North Dakota in which Maier...

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