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OTTO v. CITY OF ST. PAUL

No. C9-90-712.

460 N.W.2d 359 (1990)

Nicholas Lester OTTO, Respondent, v. The CITY OF ST. PAUL, Defendant and Third-Party Plaintiff, Appellant, v. Timothy FUGINA, et al., Third-Party Defendants, Respondents.

Court of Appeals of Minnesota.

September 18, 1990.

Attorney(s) appearing for the Case

Jane A. McPeak, City Atty., Frank E. Villaume III, Asst. City Atty., St. Paul, for appellant.

James P. Carey, Sieben, Gross, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for Nicholas Lester Otto.

James A. Schaps, Hansen, Dordell, Bradt, Odlaug & Bradt, St. Paul, for Timothy Fugina, et al.

Considered and decided by NORTON, P.J., and GARDEBRING and SCHULTZ, JJ.

OPINION

NORTON, Judge.

Plaintiff, Nicholas Otto, was injured by the collapse of a section of Sergeant Avenue in St. Paul. Appellant, City of St. Paul, determined the collapse was caused by a cavity under the street caused by a leaking sewer drain serving respondents', Timothy and Linda Fugina's, residence. The city challenges the trial court's grant of a final partial summary judgment dismissing the city's claim for contribution against respondent. We affirm...

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