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CITY OF MINNEAPOLIS v. AMES & FISCHER CO. II, LLP

No. A05-2316.

724 N.W.2d 749 (2006)

CITY OF MINNEAPOLIS, Appellant, v. AMES & FISCHER CO. II, LLP, Respondent, Capitol Indemnity Corp., Respondent, and Ames & Fischer Co. II, LLP, Respondent, v. City of Minneapolis, et al., Appellants.

Court of Appeals of Minnesota.

December 12, 2006.

Attorney(s) appearing for the Case

Charles N. Nauen, William A. Gengler, Gregory J. Myers, Lockridge Grindal Nauen, P.L.L.P., Minneapolis, MN; and Jay M. Heffern, Minneapolis City Attorney, Peter Ginder, Assistant City Attorney, Minneapolis, MN, for appellants City of Minneapolis and Minneapolis Community Development Agency.

Steven J. Weintraut, Mark Thieroff, Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, MN, for respondent Ames & Fischer Co. II, LLP.

David H. Gregerson, Siira B. Gunderson, Gregerson, Rosow, Johnson & Nilan, Ltd., Minneapolis, MN, for respondent Capitol Indemnity Corporation.

Considered and decided by PETERSON, Presiding Judge; RANDALL, Judge; and KALITOWSKI, Judge.

OPINION

RANDALL, Judge.

This is an appeal from an order denying a motion for summary judgment by appellant city and agency to dismiss respondent's tort claims and counterclaims based on statutory and vicarious official immunity. Appellants sued respondent Ames & Fischer Co. II, LLP for breach of contract for its failure to make certain payments arising out of a parking ramp construction project, and respondent counterclaimed and sued alleging misrepresentation...

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