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BOULEVARD DEL, INC. v. STILLMAN

No. C1-85-2181.

386 N.W.2d 405 (1986)

BOULEVARD DEL, INC., Plaintiff, v. Marvin STILLMAN, Defendant and Third Party Plaintiff, v. Arthur MACK, et al., Third Party Defendants, Judy B. Mack, Third Party Defendant, Respondent, James C. Theros, Third Party Defendant, Appellant.

Court of Appeals of Minnesota.

May 6, 1986.

Attorney(s) appearing for the Case

Philip W. Getts, Minneapolis, for Judy B. Mack.

Andrew J. Mitchell, Minneapolis, for James C. Theros.

Heard, considered and decided by NIERENGARTEN, P.J., and FORSBERG and LESLIE, JJ.

OPINION

NIERENGARTEN, Judge.

This appeal is from an order for summary judgment in favor of respondent Judy B. Mack awarding her the full amount of her claim for indemnity against appellant James C. Theros. Judgment was entered November 20, 1985. We reverse and remand.

FACTS

In January, 1979 Arthur Mack and appellant James C. Theros, along with two passive investors, purchased a restaurant business from Boulevard Del, Inc. (Boulevard). Shortly...

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