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WITTMER v. RUEGEMER

No. C6-86-1599.

402 N.W.2d 187 (1987)

Leon L. WITTMER, et al., Appellants, v. Norbert J. RUEGEMER, d.b.a. Norco Construction, Chester Kottke, City of Corcoran, Respondents.

Court of Appeals of Minnesota.

Review Granted May 20, 1987.

Attorney(s) appearing for the Case

Thomas B. Humphrey, Jr., Bloomington, for appellants.

Barbara A. Leininger and Carolyn Juliene Trevis, Minneapolis, for Norbert J. Ruegemer.

Leland S. Watson, Minneapolis, for Chester Kottke.

Eric J. Magnuson and Louise A. Dovre, Minneapolis, for City of Corcoran.

Heard, considered and decided by WOZNIAK, P.J., and LESLIE and RANDALL, JJ.

OPINION

LESLIE, Judge.

This appeal is from a grant of summary judgment to respondents Norbert Ruegemer, Chester Kottke and the City of Corcoran. Appellants brought claims of negligence and breach of contract relating to construction of improvements to real estate. Summary judgment was granted when the trial court found that appellants had failed to file their claims within the statutorily mandated two-year period. We reverse.

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