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KLEMETSEN v. STENBERG CONST. CO., INC.

No. C4-87-543.

415 N.W.2d 887 (1987)

Linda KLEMETSEN as trustee for the heirs of Mylan Klemetsen, Deceased, Appellant, v. STENBERG CONSTRUCTION COMPANY, INC., Defendant and Third Party Plaintiff, Respondent, City of International Falls, Defendant and Third Party Plaintiff, Respondent, v. Ronnie A. NELSON, d.b.a. Nelson Excavating Company, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Granted November 13, 1987.

Attorney(s) appearing for the Case

David J. Moskal, Peter H. Berge, Schwebel, Goetz & Sieben, P.A., Minneapolis, for Linda Klemetsen.

Wayne D. Tritbough, Chadwick, Johnson & Condon, P.A., Minneapolis, for Stenberg Const.

Merlyn C. Green, St. Paul, for City of International Falls.

Richard C. Mollin, Jr., International Falls, for Ronnie A. Nelson.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and HUSPENI, JJ.

OPINION

HUSPENI, Judge.

Appellant Linda Klemetsen, as trustee for the heirs of Mylan Klemetsen, appeals from a judgment dismissing respondent Stenberg Construction Co., Inc., in this wrongful death action. Mylan Klemetsen was killed in a construction accident at a housing development owned by respondent. In a proceeding before the workers' compensation court, respondent was ordered to make payments as an intermediate or general contractor under the workers...

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