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ENGINEERING & CONST. v. L.H. BOLDUC CO.

No. A11-159.

803 N.W.2d 916 (2011)

ENGINEERING & CONSTRUCTION INNOVATIONS, INC., Appellant, v. L.H. BOLDUC CO., INC., Respondent, The Travelers Indemnity Company of Connecticut, Respondent.

Court of Appeals of Minnesota.

September 6, 2011.

Attorney(s) appearing for the Case

David D. Hammargren , Adina R. Bergstrom , Hammargren & Meyer, P.A., Bloomington, MN, for appellant.

Louise A. Behrendt , Michael S. Kreidler , Stich, Angell, Kreidler, Dodge & Unke, Minneapolis, MN, for respondent L.H. Bolduc Co., Inc.

John Paul J. Gatto , Daniel A. Haws , Stacy E. Ertz , Murnane Brandt , St. Paul, MN, for respondent The Travelers Indemnity Company of Connecticut.

Considered and decided by CONNOLLY, Presiding Judge; KLAPHAKE, Judge; and MUEHLBERG, Judge.

OPINION

MUEHLBERG, Judge.*

This case comes to us on appeal from a district court's award of summary judgment in favor of a subcontractor and an insurer on a general contractor's breach-of-contract and declaratory-judgment actions. Because ECI's reply brief raises an issue not raised in its principal brief, we grant the subcontractor's motion to strike certain portions of the reply brief. Because the district court erred by concluding...

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