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SCHWARDT v. MODERN GRAIN SYSTEMS, INC.

No. C9-86-172.

390 N.W.2d 385 (1986)

Richard SCHWARDT, et al., Appellants, v. MODERN GRAIN SYSTEMS, INC., Modern Farm Systems, Inc., M & M Grain, Inc., Railoc Company, Inc., Web Construction Company, Respondents.

Court of Appeals of Minnesota.

July 15, 1986.

Attorney(s) appearing for the Case

John Kallestad, Schneider & Kallestad, Willmar, for appellants.

Raymond C. Krause and Ruth M. Harvey, Blethen, Gage & Krause, Mankato, for Modern Grain Systems, Inc.

Keith J. Kerfeld, Rider, Bennett, Egan & Arundel, Minneapolis, for Modern Farm Systems, Inc.

John S. Beckman, Hoversten, Strom, Johnson & Rasavy, Austin, for M & M Grain, Inc.

Robert M. Austin, Austin & Roth, Minneapolis, for Railoc Co., Inc.

John C. Hottinger, Hottinger Law Offices, Mankato, for Web Const. Co.

Heard, considered and decided by FORSBERG, P.J., and WOZNIAK and RANDALL, JJ.

OPINION

FORSBERG, Judge.

Richard and Carolyn Schwardt appeal from a summary judgment entered November 8, 1985. They appeal from the ruling that the 2-year statute of limitations of Minn.Stat. § 541.051 (1984) applied retroactively to bar their lawsuit. Schwardts also appeal from the trial court's dismissal of their claim of negligent maintenance against respondent M & M Grain, Inc. We reverse on the statute of limitations issue.

FACTS<...

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