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RUPP v. AMERICAN CRYSTAL SUGAR CO.

Civ. Nos. 900110, 900111.

465 N.W.2d 614 (1991)

Kevin RUPP, Plaintiff, v. AMERICAN CRYSTAL SUGAR COMPANY, a corporation, Defendant, Third-Party Plaintiff and Appellee, v. GREENBERG ROOFING AND SHEET METAL COMPANY, a corporation, Third-Party Defendant and Appellant. Sterling J. ROMFO, Sr., Plaintiff, v. AMERICAN CRYSTAL SUGAR COMPANY, a corporation, Defendant, Third-Party Plaintiff and Appellee, v. GREENBERG ROOFING AND SHEET METAL COMPANY, a corporation, Third-Party Defendant and Appellant.

Supreme Court of North Dakota.

January 16, 1991.

Attorney(s) appearing for the Case

Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, for defendant, third-party plaintiff and appellee; argued by Gregory Lee Wolsky.

McConn, Fisher, Olson & Daley, Grand Forks, for third-party defendant and appellant; argued by Michael F. Daley.

GIERKE, Justice.

Greenberg Roofing and Sheet Metal Company (Greenberg) has appealed from an indemnification judgment in favor of American Crystal Sugar Company (American). We affirm in part, reverse in part, and remand for entry of an amended judgment.

Kevin Rupp and Sterling Romfo fell approximately 60 feet when a section of metal decking gave way while they were working as Greenberg employees on a re-roofing project at American's Drayton plant. Romfo was...

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