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BRINK v. SMITH COMPANIES CONST., INC.

No. A05-5.

703 N.W.2d 871 (2005)

Richard E. BRINK, Plaintiff, v. SMITH COMPANIES CONSTRUCTION, INC., defendant and third party plaintiff, Appellant, v. D.A. Distribution, Inc., d/b/a Coronado Stone, third party defendant, Respondent, Northwest Builders, Inc., et al., Third Party Defendants, Station 19 Architects, third party defendant, Respondent.

Court of Appeals of Minnesota.

September 27, 2005.

Attorney(s) appearing for the Case

Timothy P. Tobin, Kathleen M. Loucks, Timothy J. Crocker, Gislason & Hunter, LLP, Minnetonka, MN, for appellant.

Richard M. Schultz, Circle Pines, MN, for respondent D.A. Distribution, Inc.

Mark Bloomquist, Kristine A. Kubes, Jenneane L. Jansen, Meagher & Geer, P.L.L.P., Minneapolis, MN, for respondent Station 19 Architects.

Considered and decided by STONEBURNER, Presiding Judge; WILLIS, Judge; and HUDSON, Judge.

OPINION

HUDSON, Judge.

Appellant, a general contractor, challenges the district court's grant of summary judgment for respondents, who are subcontractors, which dismissed appellant's third-party claims for contribution and indemnity asserted against respondents. Appellant brought its third-party claims in February 2003 after it was sued for breach of warranty in December 2002. The district court concluded that the statute of repose in Minn.Stat. § 541...

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