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R & L LUMBER CO. v. SUMMIT FIDELITY & SURETY CO.

No. 41407.

170 N.W.2d 594 (1969)

R & L LUMBER CO., dba Johnson Cashway Lumber Co., Appellant, v. SUMMIT FIDELITY & SURETY COMPANY, Respondent.

Supreme Court of Minnesota.

September 12, 1969.

Attorney(s) appearing for the Case

Thuet, Todd, Anderson & Collins, South St. Paul, for appellant.

Sydney Berde, St. Paul, for respondent.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

ROGOSHESKE, Justice.

Appeal from an order denying a motion by a creditor for summary judgment against its insolvent debtor's surety, based on a default judgment against the debtor, and granting the surety's countermotions to vacate the default judgment, to intervene in the reopened action, and to assert the debtor's counterclaim as an equitable setoff.

Plaintiff, R & L Lumber Co., doing business as Johnson Cashway Lumber Co., supplied...

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