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RICE LAKE CONTRACTING v. RUST

No. C5-00-130.

616 N.W.2d 288 (2000)

RICE LAKE CONTRACTING CORP. and City of Two Harbors, Respondents, v. RUST ENVIRONMENT AND INFRASTRUCTURE, INC., n/k/a Earth Tech Consulting, Inc., Appellant, GME Consultants, Ltd., Defendant.

Court of Appeals of Minnesota.

Review Denied October 26, 2000.

Attorney(s) appearing for the Case

Gregory T. Spalj, Tien T. Cai, Fabyanske, Westra & Hart, P.A., Minneapolis, for respondents Rice Lake Contracting and City of Two Harbors.

Larry M. Nord, Orman & Nord, Duluth, for respondent City of Two Harbors.

Robert J. Huber, Leonard, Street and Deinard, P.A., Minneapolis, for appellant.

Considered and decided by HALBROOKS, Presiding Judge, DAVIES, Judge, and PETERSON, Judge.

OPINION

DAVIES, Judge.

Appellant challenges the trial court's legal conclusions regarding indemnity, differing site-conditions, and damages. We affirm as modified.

FACTS

Respondent City of Two Harbors (Two Harbors) contracted with respondent Rice Lake Contracting Corp. (Rice Lake) to improve Two Harbors' sewage-treatment plant. Two Harbors had earlier hired appellant Rust Environment and Infrastructure, Inc. (Rust), and GME Consultants...

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