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WESTERN LAKE SUPERIOR SANITARY v. ORFEI

No. C3-90-589.

463 N.W.2d 781 (1990)

WESTERN LAKE SUPERIOR SANITARY DISTRICT, Appellant, v. ORFEI & SONS, INC., PRC Engineering, Inc., Madison Management Group, Inc., Respondents. INTERPACE CORPORATION, et al., Defendants and Third-Party Plaintiffs, Respondents, v. CONSOER, TOWNSEND & ASSOCIATES, INC., et al., Third-Party Defendants, Respondents.

Court of Appeals of Minnesota.

Review Denied February 20, 1991.

Attorney(s) appearing for the Case

Paul F. Schweiger, Stephanie A. Ball, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, for Western Lake Superior Sanitary District.

Michael A. Trittipo, Fredrikson & Byron, P.A., Minneapolis, for Orfei & Sons, Inc.

Gene W. Halverson, Eric D. Hylden, Halverson Watters Bye Downs Reyelts & Bateman, Ltd., Duluth, for PRC Engineering, Inc.

Thomas R. Thibodeau, Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, G. Lee Garrett, Jr., William B.B. Smith, Jones, Day, Reavis & Pogue, Atlanta, Ga., for Madison Management Group, Inc.

Thomas R. Thibodeau, Duluth, G. Lee Garrett, Jr., Pogue, Ga., for Interpace Corporation, et al.

Gene W. Halverson, Eric D. Hylden, Duluth, for Consoer, Townsend & Associates, Inc., et al.

Considered and decided by CRIPPEN, P.J., and FOLEY and SCHUMACHER, JJ.

OPINION

FOLEY, Judge.

This is an appeal from summary judgment dismissing appellant Western Lake Superior Sanitary District's claims as being barred by the statute of limitations of Minn.Stat. § 541.051, subd. 1(a) (1988). Respondent Orfei & Sons, Inc. has noticed review of whether the Sanitary District's claims are barred by contractual agreement and the statute of limitations for contract actions. Respondent...

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