STATE OF MINNESOTA

IN COURT OF APPEALS

A05-691

Carol J. Posey,

individually, and as

Trustee for the next-of-kin of

Thomas Myron Posey, Deceased,

Plaintiff,

and

Lake Park and Cuba Insurance Company,

as the subrogee of Carol J. Posey

and Thomas Myron Posey, Deceased,

Intervenor,

vs.

Richard Fossen and Gary Dillon

d/b/a Fossen Oil & Propane and

Fossen Oil & Propane, L.L.P.,

Appellants,

Western Petroleum Company, et al.,

Defendants,

and

Richard Fossen and Gary Dillon

d/b/a Fossen Oil & Propane and

Fossen Oil & Propane, L.L.P.,

third-party plaintiffs,

Appellants,

vs.

Uponor Aldyl Company, Inc.,

a foreign corporation,

third-party defendant,

Respondent.

Filed January 3, 2006

Affirmed

Klaphake, Judge

Otter Tail County District Court

File No. C9-02-828

Joseph F. Lulic, Matthew R. Cromheecke, Hanson, Lulic & Krall, 700 Northstar East, 608 Second Avenue South, Minneapolis, MN