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GILBERT v. BILLMAN CONST., INC.

No. CX-83-585.

371 N.W.2d 542 (1985)

Wayne GILBERT, et al., Respondents, v. BILLMAN CONSTRUCTION, INC., Respondent, St. Louis County Health Department, et al., Appellants.

Supreme Court of Minnesota.

July 26, 1985.

Attorney(s) appearing for the Case

Leo M. McDonnell, Duluth, for appellants.

Robert Falsami, Duluth, for Gilberts.

Gaylord W. Swelbar, Duluth, for Billman Const.

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

WAHL, Justice.

Wayne and Jane Gilbert brought this action against defendants St. Louis County, its Health Department, and Billman Construction Company to recover losses incurred when a "mound" septic system installed on their property failed. The Gilberts alleged that the county had negligently designed the system and that Billman had negligently constructed it. A district court jury awarded the Gilberts $37,495 in damages, attributing 90% negligence to the county...

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