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CHURCH OF THE NATIVITY v. WATPRO

No. C5-91-99.

491 N.W.2d 1 (1992)

The CHURCH OF THE NATIVITY OF OUR LORD, Respondent, v. WATPRO, INC., Respondent, and Flag, S.p.A., a/k/a Flag S.A.S. and Flag, Ltd., and MacArthur Company, Defendants, and Montedison, S.p.A., and Montedison U.S.A., Inc., Appellants.

Supreme Court of Minnesota.

October 23, 1992.

Attorney(s) appearing for the Case

Corey J. Ayling, McGrann, Shea, Franzen, Carnival, Straughn & Lamb, Chartered, Minneapolis (Anthony Watkins, Mesirox, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., of counsel), for appellants.

Elizabeth Hoene Martin, Michael R. Doherty, Doherty, Rumble & Butler, P.A., St. Paul, for The Church of the Nativity of Our Lord.

John T. Chapman, Katharine L. MacKinnon, Arthur, Chapman, McDonough, Kettering & Smetak, Minneapolis, for WatPro, Inc.

Heard, considered and decided by the court en banc.

WAHL, Justice.

Montedison, S.p.A., and Montedison U.S.A., Inc. (collectively Montedison) appeal a decision of the court of appeals, 474 N.W.2d 605, affirming a district court judgment finding Montedison liable for breach of express warranty, breach of contract, breach of implied warranty, negligent misrepresentation and violation of the Minnesota Prevention of Consumer Fraud Act (Consumer Fraud Act) and awarding damages. Montedison...

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