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OCEL v. CITY OF EAGAN

No. C6-86-369.

402 N.W.2d 531 (1987)

Thomas OCEL, et al., Respondents, v. CITY OF EAGAN, defendant and third party plaintiff, Respondent, v. GABBERT DEVELOPMENT, INC., Bonestroo, Rosene, Anderlik and Associates, Inc., Schimek Construction, Inc., third party defendants, petitioners, Appellants.

Supreme Court of Minnesota.

March 20, 1987.

Attorney(s) appearing for the Case

Lawrence M. Rocheford, St. Paul, for Schimek Const.

David B. Sand, Minneapolis, for Bonestroo, Rosene, et al.

Paul G. Neimann, Minneapolis, for Gabbert Development.

Don L. Day, Minneapolis, for City of Eagan.

Ronald H. Swanson, Minneapolis, for Thomas Ocel.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

This case raises the same main issue decided today in Bulau v. Hector Plumbing & Heating Company, 402 N.W.2d 528 (Minn.1987), namely: when does the 2-year statute of limitations begin to run on a contribution claim arising from a defective improvement to real estate? Following Bulau, we hold that the statute of limitations begins to run on discovery of the defective and unsafe condition, and...

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