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COUNTY OF HENNEPIN v. AFG INDUSTRIES, INC.

Nos. 82-1663, 82-1674 and 82-1682.

726 F.2d 149 (1984)

The COUNTY OF HENNEPIN, a body politic and corporate in the State of Minnesota, Appellant Cross-Appellee, and Alpana Aluminum Products, Inc. and Midwest Industries, Inc., a joint venture, Appellee Cross-Appellant, v. AFG INDUSTRIES, INC., Appellee Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 15, 1984.

Attorney(s) appearing for the Case

Lang, Pauly & Gregerson, Ltd., Roger A. Pauly, Richard F. Rosow, Minneapolis, Minn., for Alpana Aluminum Products, Inc., and Midwest Industries, Inc., a joint venture and The American Insurance Company.

Thomas L. Johnson, Hennepin County Atty., David E. Mikkelson, Asst. County Atty., Popham, Haik, Schnobrich, Kaufman & Doty, Ltd., Wayne G. Popham, Clifford M. Greene, Larry D. Espel, Minneapolis, Minn., for County of Hennepin.

Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Minn., for AFG Industries, Inc.

Before ROSS and FAGG, Circuit Judges, and BEAM, District Judge.

BEAM, District Judge.

This appeal involves claims of fraud, breach of contract, and breach of warranty against AFG Industries, Inc. [AFG], a manufacturer of insulated glass windows, for units installed in the Hennepin County Government Center located in Minneapolis, Minnesota.1 The County of Hennepin, Minnesota [sometimes Hennepin], the owner of the building, also cross-claimed against the contractor, a joint venture composed of Alpana...

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