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ZONTELLI & SONS v. CITY OF NASHWAUK

Nos. C1-83-1933, C2-84-218.

373 N.W.2d 744 (1985)

ZONTELLI & SONS, INC., Respondent, v. CITY OF NASHWAUK, Appellant, Robert R. Wallace & Associates, Respondent, and American Fidelity Fire Insurance Company, Intervenor, Respondent.

Supreme Court of Minnesota.

As Clarified on Denial of Rehearing September 17, 1985.

Attorney(s) appearing for the Case

William P. O'Brien, Duluth, for appellant.

M.T. Fabyanske, Robert J. Huber, St. Paul, for Zontelli & Sons, Inc.

O.C. Adamson, Laura S. Underkuffler, Minneapolis, for Wallace & Associates.

David H. Gregerson, Minneapolis, for American Fidelity Fire Ins. Co.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

This appeal arises from an action brought by respondent and cross-appellant Zontelli & Sons (Zontelli), the general contractor in a municipal storm sewer construction project for Nashwauk, Minnesota, against respondent and cross-appellant City of Nashwauk (city) and respondent Robert R. Wallace & Associates (Wallace), the project engineer, for additional compensation for extra work resulting from inaccuracies in the plans and specifications...

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