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JOHNSON v. SOUTHERN MINNESOTA MACHINERY

Nos. C0-90-906, C6-90-392.

460 N.W.2d 68 (1990)

James K. JOHNSON, Respondent, v. SOUTHERN MINNESOTA MACHINERY SALES, INC., Defendant, Houdaille Industries, Inc., Appellant, and HOUDAILLE INDUSTRIES, INC., Third Party Plaintiff, Appellant, v. GILBERTSON, INC., d/b/a Dodge Feeder Systems, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

September 4, 1990.

Attorney(s) appearing for the Case

Joseph F. Chase, O'Brien, Ehrick, Wolf, Deaner & Downing, Rochester and Mark M. Walbran, Walbran, Walbran & Walbran, Owatonna, for James K. Johnson, respondent.

Duane E. Arndt, Arndt & Benton, P.A., Minneapolis, for Houdaille Industries, Inc., appellant.

Barbara M. Burke Cousineau, McGuire, Shaughnessy & Anderson, Chartered, Minneapolis, for Gilbertson, Inc., d/b/a Dodge Feeder Systems, third party defendant, respondent.

Considered and decided by LANSING, P.J., and SCHUMACHER and MULALLY, JJ.

OPINION

LANSING, Judge.

After a jury verdict for James Johnson on his product liability claims, Houdaille Industries, the manufacturer of the product, moved for judgment notwithstanding the verdict and in the alternative, a new trial. The trial court granted JNOV, but did not rule on the alternative new trial motion. On appeal in Johnson v. Southern Minnesota Machinery Sales, et al., 442 N.W.2d 843 (Minn.App.1989...

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