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HORTON BY HORTON v. ORBETH, INC.

No. C1-82-1159.

342 N.W.2d 112 (1984)

John HORTON by Edward T. HORTON, his guardian ad litem, Plaintiffs, v. ORBETH, INC., d.b.a. C & C Boat Works, et al., defendants and third-party plaintiffs, Appellants, v. Timothy JOHNSON, third-party defendant, Respondent, David Melchert, third-party defendant, Respondent.

Supreme Court of Minnesota.

January 13, 1984.

Attorney(s) appearing for the Case

Quinlivan & Williams, Kevin A. Spellacy, Gerald L. Hasselbrink, St. Cloud, for appellants.

Rosenmeier & Anderson, Douglas P. Anderson, Little Falls, for respondent Timothy Johnson.

Rufer, Hefte, Pemberton, Schulze, Sorlie, Sefkow & Kershner, Richard L. Pemberton, H. Morrison Kershner, Fergus Falls, for respondent David Melchert.

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

COYNE, Justice.

On July 22, 1977, John Horton was injured in a boating accident. Horton's guardian ad litem brought an action on his behalf against appellants Orbeth, Inc., and Bradley Nelson, the owner and the operator, respectively, of the boat which struck Horton. Appellants instituted third-party proceedings against Horton's two companions, respondents Timothy Johnson and David Melchert, seeking indemnity or contribution...

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