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BLATTNER & SONS v. FIREMEN'S INS. CO.

Nos. C6-94-1986, C0-94-1997, C7-95-548 and C5-95-726.

535 N.W.2d 671 (1995)

D.H. BLATTNER & SONS, INC., a Minnesota Corporation, Respondent (C6-94-1986, C5-95-726), Appellant (C0-94-1997, C7-95-548), v. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey Corporation, Appellant (C6-94-1986, C5-95-726), Respondent (C0-94-1997, C7-95-548).

Court of Appeals of Minnesota.

Review Denied October 18, 1995.

Attorney(s) appearing for the Case

Holly A.R. Hart, Marvin Fabyanske, Michael J. Kinzer, Fabyanske, Svoboda, Westra, Davis & Hart, P.A., Minneapolis, for D.H. Blattner & Sons, Inc.

John H. Hinderaker, Scott W. Johnson, Thomas J. Vollbrecht, Faegre & Benson, Minneapolis, for Firemen's Ins. Co. of Newark, NJ.

Considered and decided by KALITOWSKI, P.J., and RANDALL and HOLTAN, JJ.

OPINION

HARVEY A. HOLTAN, Judge.

Both parties appeal from a $2.75 million jury verdict in a breach of contract action against Firemen's Insurance Company on numerous grounds, including the trial court's refusal to give res judicata effect to an Arkansas Claims Commission decision, improper jury instructions and various other issues. We reverse and remand.

FACTS

In 1982, the State of Arkansas awarded two highway construction contracts to...

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