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IOWA CONCRETE BREAKING v. JEWAT TRUCKING

No. C5-88-2585.

444 N.W.2d 865 (1989)

IOWA CONCRETE BREAKING CORP., Respondent, v. JEWAT TRUCKING, INC., Defendant, and Central National Insurance Company of Omaha, Appellant, and Road Constructors, Inc., et al., Respondents.

Court of Appeals of Minnesota.

Review Denied November 9, 1989.

Attorney(s) appearing for the Case

Gary E. Leonard, Alderson, Ondov, Leonard & Sween, Austin, for Iowa Concrete Breaking Corp.

Norman E. Evidon, Scott J. Strouts, Minneapolis, for Central Nat. Ins. Co. of Omaha.

Kenneth R. Moen, Dunlap, Finseth, Berndt & Sandberg, Rochester, for Road Constructors, Inc., et al.

Heard, considered and decided by SCHUMACHER, P.J., and HUSPENI and FORSBERG, JJ.

OPINION

HUSPENI, Judge.

Appellant as a surety for a subcontractor was found primarily liable for the subcontractor's failure to pay a creditor. After a partial stipulation and a trial bifurcating the issues of liability and attorney fees, the trial court found joint and several liability on the part of general contractor, its surety, and appellant. Appellant now challenges its liability and the trial court's allowance of a cross-claim against it by the general...

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