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LABORERS HEALTH AND WELFARE v. GRANITE RE

No. A12-1017.

826 N.W.2d 210 (2012)

MINNESOTA LABORERS HEALTH AND WELFARE FUND, et al., Appellants, v. GRANITE RE, INC., defendant and third party plaintiff, Respondent, v. Brent Anderson, third party defendant, Respondent, JoAnne M. Anderson, third party defendant, Respondent, EnviroTech Remediation Services, Inc., third party defendant, Respondent, Brent Krause, et al., third party defendants, Respondents, David P. Sobaski, third party defendant, Respondent, Karla P. Sobaski, third party defendant, Respondent.

Court of Appeals of Minnesota.

December 24, 2012.

Attorney(s) appearing for the Case

Pamela Hodges Nissen , Rebecca A. Peterson , Anderson, Helgen, Davis & Nissen, P.A., Minneapolis, MN; and

Ruth S. Marcott , Felhaber, Larson, Fenlon & Vogt, P.A., St. Paul, MN, for appellants Fund, et al.

Daniel R. Gregerson , Joshua A. Dorothy , Gregerson, Rosow, Johnson & Nilan, Ltd., Minneapolis, MN, for respondent Granite RE, Inc.

Eric W. Forsberg , Forsberg Law Office, P.A., Minneapolis, MN, for respondents Brent D. Krause, Jane Krause, William Sievers, Jill Sievers, Daniel Krause, Margaret Krause.

Brent D. Anderson, JoAnne M. Anderson, Edina, MN, pro se respondents.

David P. Sobaski, Karla P. Sobaski, Inver Grove Heights, MN, pro se respondents.

Considered and decided by HUDSON, Presiding Judge; CHUTICH, Judge; and KLAPHAKE, Judge.

OPINION

KLAPHAKE, Judge.*

Appellants challenge the summary judgment dismissing their claims against respondent, arguing that the district court erred by concluding that (1) appellants were not intended third-party beneficiaries of a surety bond issued by respondent; and (2) the surety bond's one-year limitations period was not tolled as to the surety by the bond principal's fraudulent concealment

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