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CONSTRUCTION ASSOC. v. FARGO WATER EQUIP. CO.

Civ. No. 10154.

446 N.W.2d 237 (1989)

CONSTRUCTION ASSOCIATES, INC., a North Dakota corporation, Plaintiff and Appellee, v. FARGO WATER EQUIPMENT COMPANY, Defendant and Appellee, and Johns-Manville Sales Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

August 28, 1989.

Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, for plaintiff and appellee; argued by John D. Kelly, Fargo.

Arvesen, Lundeen, Hoff, Svingen, Athens & Russell, Fergus Falls, for defendant and appellee; argued by Thomas C. Athens, Fergus Falls.

Larry D. Espel (argued), of Popham, Haik, Schnobrich, Kaufman & Doty, Minneapolis, and Stephen W. Plambeck (appearance), of Nilles, Hansen & Davies, Ltd., Fargo, for defendant and appellant.

ERICKSTAD, Chief Justice.

Johns-Manville Sales Corporation [J-M] appealed from a district court judgment entered upon a jury verdict finding it liable for $140,000 in damages for defective pipe. We affirm.

In 1977 Construction Associates, Inc., was the successful bidder to construct a water supply line for the city of Breckenridge, Minnesota. Construction Associates purchased from Fargo Water Equipment [Fargo Water...

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