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SULLIVAN v. FARMERS AND MERCHANTS STATE BANK

No. C1-86-1221.

398 N.W.2d 592 (1986)

Arthur E. SULLIVAN, et al., Appellants, v. FARMERS AND MERCHANTS STATE BANK OF NEW ULM, Defendant and Third Party Plaintiff, Sidney C. Little, Third Party Defendant, Heymann Construction Company, Third Party Defendant, Respondents.

Court of Appeals of Minnesota.

Review Denied March 13, 1987.

Attorney(s) appearing for the Case

William M. Schade, New Ulm, for Arthur E. Sullivan.

Terri Stoneburner, Mankato, for Farmers and Merchants State Bank of New Ulm.

Sidney C. Little, pro se.

Gregg B. Nelson, Robert H. Peterson, Minnetonka, for Heymann Const. Co.

Heard, considered and decided by POPOVICH, C.J., and WOZNIAK and FORSBERG, JJ.

OPINION

POPOVICH, Chief Judge.

This appeal arises from a summary judgment dismissing appellants' claim on the basis of Minn.Stat. § 541.051, subd. 1 (1980). We reverse.

FACTS

Respondent Farmers and Merchants State Bank of New Ulm owns and operates a banking facility there. The building was designed by respondent architect Sidney C. Little and its construction was completed by respondent Heymann Construction Company in 1970.

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