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FIVELAND v. BOLLIG & SONS, INC.

No. C1-88-2115.

436 N.W.2d 478 (1989)

Blaine FIVELAND, et al., Appellants, v. BOLLIG & SONS, INC., Jerry Swinjakow, Carlson Consolidated Realty and Construction Co., Inc., Respondents.

Court of Appeals of Minnesota.

Review Denied April 24, 1989.

Attorney(s) appearing for the Case

Daniel A. Utter, Thomas C. Utter, Minneapolis, for Blaine Fiveland, et al.

Joseph M. Stocco, Bloomington, for Bollig & Sons, Inc.

Michael D. Tewksbury, Louise Ann Dovre, Rider, Bennett, Egan & Arundel, Minneapolis, for Jerry Swinjakow.

Jon K. Iverson, Minneapolis, for Carlson Consolidated Realty and Const. Co., Inc.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and MULALLY, JJ.

OPINION

EDWARD D. MULALLY, Judge.

Blaine and Arlene Fiveland, husband and wife, appeal the trial court's summary judgment dismissing their personal injury claims against respondents as barred by the two-year statute of limitations set forth in Minn.Stat. § 541.051 (1988). The trial court determined that Blaine Fiveland's injuries arose out of the defective and unsafe condition of an improvement to realty and that, therefore, the Fivelands had to bring...

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