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INTERNATIONAL FINANCIAL SERV. v. FRANZ

No. C5-93-1550.

534 N.W.2d 261 (1995)

INTERNATIONAL FINANCIAL SERVICES, INC., Plaintiff, v. Allen J. FRANZ, et al., defendants and third-party plaintiffs, Respondent, v. GERBER SCIENTIFIC INSTRUMENT CO., third-party defendant, petitioner, Appellant.

Supreme Court of Minnesota.

July 7, 1995.

Attorney(s) appearing for the Case

Jeffrey W. Lambert, Lee R. Bissonette, Lambert & Boeder, Wayzata, and David F. Herr, Cooper S. Ashley, Maslon, Edelman, Borman & Brand, Minneapolis, for appellant.

Rodney J. Mason, Chandler and Mason, Ltd., St. Paul, and Thomas B. Olson, Olson, Usset, Agan & Weingarden, Edina, and Eric J. Magnuson, Karen I. Johnson, Rider, Bennett, Egan & Arndel, Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

COYNE, Justice.

In this action for breach of warranty we review a decision of the court of appeals on the petition of third-party defendant The Gerber Scientific Instrument Company. The court of appeals affirmed the jury's determination that the repair or replacement remedy provided in the agreement for the purchase of a Gerber Model 3235 photoplotter system had failed of its essential purpose. International Fin. Serv., Inc. v. Franz,

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