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DISE v. ROCKWELL GRAPHIC SYSTEMS, INC.

No. CX-88-220.

428 N.W.2d 130 (1988)

Gary DISE, et al., Appellants, v. ROCKWELL GRAPHIC SYSTEMS, INC., etc., Respondent, Eastern Offset, Inc., Defendant, C.H. Edlund Company, Harris Seybold Company, a/k/a Harris Corporation, and Flour City Press Pack Company, Respondents.

Court of Appeals of Minnesota.

August 30, 1988.

Attorney(s) appearing for the Case

Royal C. Orren, D. Scott Klemp, Ruttenberg, Griswold, Orren & Associates, St. Paul, for Gary Dise, et al.

James F. Mewborn, Thomas J. Vollbrecht, Hart, Bruner & O'Brien, Minneapolis, for Rockwell Graphic Systems, Inc., etc.

Mark Scholle, Scholle & Scholle, Ltd., Minneapolis, for C.H. Edlund Co.

William P. Studer, Cheryl L. Appeldorn, Oppenheimer, Wolff & Donnelly, St. Paul, for Harris Seybold Co., a/k/a Harris Corp.

Stephen J. Foley, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Flour City Press Pack Co.

Heard, considered and decided by NIERENGARTEN, P.J., and FOLEY and SCHUMACHER, JJ.

OPINION

NIERENGARTEN, Judge.

This is an appeal from summary judgment. The appellant's claims against the distributors and sellers of a printing press are based on theories of negligence, strict liability, breach of warranty, and failure to warn. The district court concluded the appellant's failure to prove any of the respondents removed a guard from the printing press drive shaft which injured the appellant was "absolutely determinative" and that summary...

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