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WILLMAR v. SHORT-ELLIOTT-HENDRICKSON

No. C7-90-1373.

475 N.W.2d 73 (1991)

CITY OF WILLMAR, Petitioner, Respondent, v. SHORT-ELLIOTT-HENDRICKSON, INC., Petitioner, Appellant, Adolfson & Peterson, Inc., Respondent, Clow Corporation, Respondent.

Supreme Court of Minnesota.

October 4, 1991.

Attorney(s) appearing for the Case

Mark J. Heley, Thomas L. Adams, Meagher & Geer, Minneapolis, for appellant.

Scott A. Smith, Joy M. Waldera, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for City of Willmar.

Steven R. Schwegman, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for Adolfson & Peterson, Inc.

Kevin Quigley, Oppenheimer, Wolff & Donnelly, St. Paul, for Clow Corp.

Heard, considered and decided by the court en banc.

TOMLJANOVICH, Justice.

In the mid-1970's, the City of Willmar employed Short-Elliot-Hendrickson, Inc. (SEH) to recommend and design improvements to the City's waste water treatment facility. SEH recommended the City replace its trickling filter system with a series of rotating biological contactors (RBC's) — large cylinders that rotate bacteria into and out of waste water. The City accepted SEH's recommendation and construction began in 1981. Clow Corporation...

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