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FRERICHS v. MINNESOTA COUNTIES INS. TRUST

No. C9-03-307.

666 N.W.2d 398 (2003)

FRERICHS CONSTRUCTION COMPANY, INC., Respondent, v. MINNESOTA COUNTIES INSURANCE TRUST, Appellant, v. Julian M. Johnson Construction Corporation, et. al., Third-Party Defendants, v. Buetow & Associates, Inc., Third-Party Defendant and Third-Party Plaintiff, v. Fischer Engineering, Inc., et al., Additional Third-Party Defendants, v. Twin City Glass Contractors, Inc., Intervenor.

Court of Appeals of Minnesota.

July 29, 2003.

Attorney(s) appearing for the Case

Jay T. Squires, Joseph J. Langel, Ratwik, Roszak & Maloney, P.A., Minneapolis, MN, for appellant Minnesota Counties Insurance Trust.

Jocelyn Knoll, Scott Johnson, Fabyanske, Westra & Hart, P.A., Minneapolis, MN, for respondent Frerichs Construction Company, Inc.

Considered and decided by RANDALL, Presiding Judge, SCHUMACHER, Judge, and WILLIS, Judge.

OPINION

RANDALL, Judge.

Respondent construction company, which had contracted with appellant to construct a building, sued appellant for damages resulting from a breach of contract. Appellant counterclaimed, alleging that respondent had breached the contract by failing: (1) to report the presence of asbestos and (2) to promptly cease operations upon discovery of the asbestos, contending that it incurred expenses in abating the asbestos from the site and...

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