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DULUTH SUP. ERECT. v. CONCRETE RESTORERS

No. C1-02-1831.

665 N.W.2d 528 (2003)

DULUTH SUPERIOR ERECTION, INC., Respondent, v. CONCRETE RESTORERS, INC., et al., Appellants.

Court of Appeals of Minnesota.

July 15, 2003.

Attorney(s) appearing for the Case

Robert C. Maki, Shawn B. Reed, Maki & Overom, Duluth, MN, for respondent.

Michael E. Orman, Nancy von Seggern, Orman, Nord & Spott Law Offices, Duluth, MN, for appellants Concrete Restorers, Inc., Anthony Coda, Douglas Coda, and Lake Superior Polymers, Inc.

Considered and decided by KALITOWSKI, Presiding Judge, ANDERSON, Judge, and HUSPENI, Judge.

OPINION

HUSPENI, Judge.*

In challenging the district court's grant of summary judgment, appellants argue that (1) summary judgment was inappropriate because there are genuine issues of material fact; (2) as to certain appellants, the district court erred by finding a presumption of liability and shifting the burden of proof under Minn.Stat. § 514.02 (2002); (3) the district court erred by finding that appellants breached...

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