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DYKES v. SUKUP MFG. CO.

No. A08-583.

781 N.W.2d 578 (2010)

Virgil DYKES and Connie Dykes d/b/a Dykes Farms, Respondents, v. SUKUP MANUFACTURING COMPANY, defendant and third-party plaintiff, Appellant, v. Superior, Inc., third-party defendant, Respondent.

Supreme Court of Minnesota.

May 13, 2010.

Attorney(s) appearing for the Case

William D. Mahler, Will Mahler Law Firm, Rochester, MN, for respondents Virgil Dykes and Connie Dykes d/b/a Dykes Farms.

Patrick D. Reilly, Leon R. Erstad, Erstad & Riemer, P.A., Minneapolis, MN, for appellant.

Charles A. Bird, Bird, Jacobsen & Stevens, P.C., Rochester, MN, for amicus curiae Minnesota Association for Justice.

Diane B. Bratvold, Jessica J. Stomski, Briggs and Morgan, P.A., Minneapolis, MN, for amicus curiae Minnesota Defense Lawyers Association.

OPINION

DIETZEN, Justice.

Respondents Virgil Dykes and Connie Dykes, d/b/a Dykes Farms, commenced this lawsuit against appellant Sukup Manufacturing Company asserting claims of consumer fraud, negligence, and breach of warranty arising out of the purchase and operation of an allegedly defective grain-moving system manufactured by Sukup. Sukup denied the allegations of the complaint and moved for summary judgment alleging that when the Dykes released and...

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