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DOSDALL v. SMITH

No. C6-87-639.

415 N.W.2d 332 (1987)

John DOSDALL, Respondent, v. Richard D. SMITH, d.b.a. Smitty's Spray Service, defendant and third party plaintiff, Appellant, v. Del GLANZER, d.b.a. Glanzer Consulting Service, third party defendant, Ciba-Geigy Corporation, Respondents.

Court of Appeals of Minnesota.

November 17, 1987.

Attorney(s) appearing for the Case

Gerald Seibel, Fluegel, Anderson, Dalager, Dalager & Seibel, Chtd., Morris, for John Dosdall.

Robert V. Espeset, Blomquist & Espeset, Minneapolis, for Richard D. Smith.

Del Glanzer, pro se.

Mary H. Terzino, Faegre & Benson, Minneapolis, for Ciba-Geigy Corp.

Heard, considered and decided by PARKER, P.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

PARKER, Judge.

Respondent John Dosdall sued appellant Richard Smith, alleging negligent application of the herbicide EVIK to Dosdall's corn crop, resulting in crop damage. Smith defended, claiming negligence and assumption of risk by Dosdall or Dosdall's agent, and brought third-party claims against Del Glanzer, a consultant hired by Dosdall, and Ciba-Geigy, manufacturer of EVIK. Smith claimed Glanzer negligently recommended EVIK and that Ciba-Geigy...

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