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MIDDLE RIVER-SNAKE RIVER v. DREWES, INC.

No. A04-825.

692 N.W.2d 87 (2005)

MIDDLE RIVER-SNAKE RIVER WATERSHED DISTRICT, Plaintiff, v. DENNIS DREWES, INC., Appellant, J.O.R. Engineering, Inc., Respondent.

Court of Appeals of Minnesota.

February 15, 2005.

Attorney(s) appearing for the Case

Zenas Baer, Zenas Baer and Associates, Hawley, MN, for appellant.

Stephen W. Plambeck (pro hac vice), Jacqueline S. Anderson, Nilles, Ilvedson, Stroup, Plambeck & Selbo, Ltd., Fargo, ND, for respondent.

Considered and decided by KALITOWSKI, Presiding Judge; LANSING, Judge; and WRIGHT, Judge.

OPINION

LANSING, Judge.

In this dispute over the construction of a floodwater impoundment system, the contractor challenges two district court orders: its grant of summary judgment dismissing a counterclaim against the project engineer and its decision to cap damages. Because we find no error in the district court's dismissal of the contractor's counterclaim for failure to serve an expert-identification affidavit as required by Minn.Stat. § 544.42,...

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