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NATIONAL HYDRO SYSTEMS v. M.A. MORTENSON

No. C1-93-752.

507 N.W.2d 27 (1993)

NATIONAL HYDRO SYSTEMS, A DIVISION OF McNISH CORPORATION, Appellant, v. M.A. MORTENSON COMPANY, et al., Defendants, HDR Engineering, Inc., Respondent.

Court of Appeals of Minnesota.

Review Granted January 21, 1994.

Attorney(s) appearing for the Case

Mark G. Ohnstad, Thomsen & Nybeck, P.A., Edina, for appellant.

Rebecca Egge Moos, Bassford, Heckt, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for respondent.

Considered and decided by DAVIES, P.J., and FORSBERG and STONE, JJ.

OPINION

DAVIES, Judge.

The trial court granted summary judgment, ruling that two indemnity provisions created a circular obligation (plaintiff/appellant subcontractor required, if it prevails, to pay claim proceeds to defendant/respondent). Not finding a circular obligation, we reverse and remand.

FACTS

The Metropolitan Waste Control Commission ("Waste Commission") awarded the general contract for the expansion of a wastewater treatment...

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