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WIRTH v. M.A. MORTENSON/SHAL ASSOCIATES

No. C6-94-496.

520 N.W.2d 173 (1994)

Steven WIRTH, et al., Plaintiffs, v. M.A. MORTENSON/SHAL ASSOCIATES, a joint venture, Appellant, and The American Mutual Insurance Company (in liquidation), et al., Intervenors, Respondents.

Court of Appeals of Minnesota.

Review Denied September 28, 1994.

Attorney(s) appearing for the Case

Duane E. Arndt, Arndt & Benton, P.A., Minneapolis, for appellant.

Andrew J. Morrison, Lisa A. Dittmann, Koll, Morrison, Charpentier & Crawford, St. Paul, for respondents.

Considered and decided by AMUNDSON, P.J., and HUSPENI and KALITOWSKI, JJ.

OPINION

KALITOWSKI, Judge.

Pursuant to a joint petition for discretionary review, appellant M.A. Mortenson/Shal Associates (Mortenson) seeks review of the district court's denial of its motion for summary judgment. Mortenson contends respondent Wisconsin Insurance Security Fund (WISF), an intervenor in this action, has no right to pursue a subrogation claim against Mortenson pursuant to Minnesota's Workers' Compensation Act. Mortenson also contends that...

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