STATE v. PATTEN

No. C4-87-1286.

416 N.W.2d 168 (1987)

STATE of Minnesota, Plaintiff, v. Robert J. PATTEN, et al., Defendants and Third-Party Plaintiffs, Appellants, v. FLAG SAS, et al., Third-Party Defendants, Watpro, Inc., Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

December 8, 1987.


Attorney(s) appearing for the Case

Kurt D. Johnson, Gislason, Dosland, Hunter & Malecki, New Ulm, for appellants.

Gordon J. Apple, Maun, Green, Hayes, Simon, Johanneson and Brehl, St. Paul, for respondent.

Heard, considered and decided by SEDGWICK, P.J., and PARKER and HUSPENI, JJ.


OPINION

HUSPENI, Judge.

Appellant Patten Roofing Company, defendant and third party plaintiff in an action commenced against it by the state of Minnesota, appeals from an award of summary judgment to respondent (third party defendant in the state's action) Watpro, Inc., a Pennsylvania corporation, on claims of breach of express and implied warranties and negligence. We affirm in part, reverse in part and remand.

FACTS

Appellant contracted...

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