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CHURCH OF THE NATIVITY v. WATPRO, INC.

No. C5-91-99.

474 N.W.2d 605 (1991)

The CHURCH OF THE NATIVITY OF OUR LORD, Respondent, v. WATPRO, INC., Respondent, Flag, S.p.A., a/k/a Flag, S.A.S., et al., MacArthur Company, Defendants, Montedison, S.p.A., et al., Appellants.

Court of Appeals of Minnesota.

Review Granted October 11, 1991.

Review Denied November 26, 1991.

Attorney(s) appearing for the Case

Elizabeth Hoene Martin, John D. Docken, Michael R. Docherty, Doherty, Rumble & Butler, P.A., St. Paul, for the Church of the Nativity of Our Lord.

Katherine L. MacKinnon, John T. Chapman, Arthur, Chapman & McDonough, P.A., Minneapolis, for WatPro, Inc.

Harry T. Neimeyer, Stringer & Rohleder, Ltd., St. Paul, for MacArthur Co.

Corey J. Ayling, McGrann Shea Franzen Carnival Straughn & Lamb, Chartered, Minneapolis, Anthony M. Watkins, Mesirov Gelman Jaffe Cramer & Jamieson, Philadelphia, Pa., for appellants.

Considered and decided by KALITOWSKI, P.J., and KLAPHAKE and AMUNDSON, JJ.

OPINION

KLAPHAKE, Judge.

Respondent Church of the Nativity of Our Lord (Nativity) brought this action against Flag, S.p.A., WatPro, Inc. and MacArthur Co. in August 1987 for breach of express warranties, breach of contract, breach of implied warranties of merchantability and fitness for a particular purpose, failure of essential purpose, negligent misrepresentation and violation of the Minnesota Consumer Fraud Law regarding repairs made to Nativity's roof...

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