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POSEY v. FOSSEN

No. A05-691.

707 N.W.2d 712 (2006)

Carol J. POSEY, individually, and as Trustee for the next-of-kin of Thomas Myron Posey, Deceased, Plaintiff, and Lake Park and Cuba Insurance Company, as the subrogee of Carol J. Posey and Thomas Myron Posey, Deceased, Intervenor, v. Richard FOSSEN and Gary Dillon d/b/a Fossen Oil & Propane and Fossen Oil & Propane, L.L.P., Appellants, Western Petroleum Company, et al., Defendants, and Richard Fossen and Gary Dillon d/b/a Fossen Oil & Propane and Fossen Oil & Propane, L.L.P., third-party plaintiffs, Appellants, v. Uponor Aldyl Company, Inc., a foreign corporation, third-party defendant, Respondent.

Court of Appeals of Minnesota.

January 3, 2006.

Attorney(s) appearing for the Case

Joseph F. Lulic, Matthew R. Cromheecke, Hanson, Lulic & Krall, Minneapolis, MN, for appellants.

Michael Barrett, Cousineau, McGuire & Anderson, Chartered, Minneapolis, MN, for respondent.

Considered and decided by HALBROOKS, Presiding Judge, KLAPHAKE, Judge, and WRIGHT, Judge.

OPINION

KLAPHAKE, Judge.

In this negligence action, appellants Richard Fossen and Gary Dillon, d/b/a Fossen Oil & Propane, and Fossen Oil & Propane, L.L.P., challenge the district court's award of costs and disbursements to respondent Uponor Aldyl Company, Inc. The district court concluded that respondent, who was the third-party defendant in the underlying negligence action, was the prevailing party as to appellants, the third-party plaintiffs below...

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