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MILLIKEN AND CO. v. EAGLE PACKAGING CO.

No. 50352.

295 N.W.2d 377 (1980)

MILLIKEN AND COMPANY, f.k.a. Deering Milliken, Inc., Appellant, v. EAGLE PACKAGING COMPANY, INC. et al., Defendants, and Dorn H. Sticha, Respondent.

Supreme Court of Minnesota.

July 3, 1980.

Attorney(s) appearing for the Case

Robins, Davis & Lyons and Michael L. Meyer, Minneapolis, for appellant.

Stuart E. Gale, Bloomington, for respondent.

Heard before TODD, YETKA, and WAHL, JJ., and considered and decided by the court en banc.

WAHL, Justice.

Plaintiff Milliken and Company (hereinafter, Milliken) brought this action on a debt owed by defendant Eagle Packaging Company, Inc. (hereinafter, Eagle) and personally guaranteed by defendants Fred Schwenk and Dorn Sticha. Defendants Eagle and Schwenk failed to answer the complaint, and default judgment was entered against them. The Hennepin County District Court found that defendant Sticha had orally revoked his written personal guaranty and entered...

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