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MINERAL RESOURCES, INC. v. MAHNOMEN CONSTRUCTION CO.

Nos. 42190, 42214.

184 N.W.2d 780 (1971)

MINERAL RESOURCES, INC., Respondent, v. MAHNOMEN CONSTRUCTION COMPANY and Western Surety Company, defendants and third-party plaintiffs, Appellants-Respondents. CLAY COUNTY, Minnesota, Respondent-Appellant, v. A. O. BORSTAD, third-party defendant, Respondent.

Supreme Court of Minnesota.

March 5, 1971.

Attorney(s) appearing for the Case

Wambach & Beuning, Mahnomen, O. C. Adamson II, Minneapolis, for appellants.

Dosland, Dosland & Nordhaugen, Moorhead, for Mineral Resources Inc.

Raymond A. Lamb, County Atty., Moorhead, for Clay County.

Saetre, McLarnan & Stefanson, Moorhead, for A. O. Borstad.

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, PETERSON, and KELLY, JJ.

OPINION

PETERSON, Justice.

Defendants Mahnomen Construction Company, Western Surety Company, and Clay County appeal from a judgment of the district court holding them liable to plaintiff, Mineral Resources, Inc., for damages sustained by its assignors because of an alleged wilful conversion of gravel.

On March 23, 1964, defendant Mahnomen entered into a contract with defendant Clay County and the State of Minnesota to furnish materials and to perform...

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