FAIRCHILD v. A.O. SMITH HARVESTORE PROD.

Nos. C1-87-1245, C3-87-1246.

418 N.W.2d 196 (1988)

Daniel FAIRCHILD, Appellant, v. A.O. SMITH HARVESTORE PRODUCTS, INC., A.O. Smith Corporation, Hawke & Company Harvestore, Inc., Flygt Corporation, Respondents.

Court of Appeals of Minnesota.

Review Granted February 24, 1988 and March 21, 1988.


Attorney(s) appearing for the Case

John L. Kallestad, Schneider & Kallestad, Willmar, for Daniel Fairchild.

Thomas A. Harder, Erickson, Zierke, Kuderer, Myster, Madsen & Wollschlager, P.A., Fairmont, Frederick W. Morris, Best & Flanagan, Minneapolis, for A.O. Smith Harvestore Products, Inc.

Gary W. Hoch, Susan A. Miller, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, Frederick W. Morris, Best & Flanagan, Minneapolis, for A.O. Smith Corp.

James H. Malecki, Sally Stolen Grossman, Gislason, Dosland, Hunter & Malecki, New Ulm, for Hawke & Co. Harvestore, Inc.

James A. O'Neal, Faegre & Benson, Bloomington, for Flygt Corp.

Heard, considered and decided by PARKER, P.J., and FOLEY and WOZNIAK, JJ.


MEMORANDUM OPINION

FOLEY, Judge.

This is an appeal from the trial court's order dismissing these actions on res judicata grounds as a result of the dismissal of appellant Daniel Fairchild's federal court action for failure to comply with procedural rules. We reverse.

FACTS

Fairchild operates a cattle and crop farm near Canby, Minnesota. In 1981, Fairchild purchased from respondent Hawke & Company Harvestore, Inc. (Hawke) a complex piece...

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