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FEDERATED MUT. INS. CO. v. CONCRETE UNITS

No. C8-83-309.

363 N.W.2d 751 (1985)

FEDERATED MUTUAL INSURANCE CO., Appellant, v. CONCRETE UNITS, INC., Respondent, Conger Construction Company, Respondent, Brownsdale Cooperative Association, Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 29, 1985.

Attorney(s) appearing for the Case

Charles E. Spevacek, Minneapolis, for appellant.

Gary E. Leonard, Austin, for Concrete Units Inc.

Mark Carrigan, Glenco, for Conger Const. Co. Inc.

William A. Baudler, Austin, for Brownsdale Co-op. Assoc.

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

TODD, Justice.

Federated Mutual Insurance Co. (Federated) appeals from a declaratory judgment holding it obligated to defend and indemnify its insured, Concrete Units, Inc. (Concrete Units), against claims filed against the insured for allegedly supplying defective concrete. We affirm in part and reverse in part.

In 1979, the Brownsdale Cooperative Association (Brownsdale) hired the Conger Construction Company (Conger) to build a concrete grain elevator in...

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