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WOODMEN OF WORLD LIFE I. SOC. v. SEARS, ROEBUCK & CO.

No. 43119.

200 N.W.2d 181 (1972)

WOODMEN OF the WORLD LIFE INSURANCE SOCIETY, Respondent, v. SEARS, ROEBUCK AND CO., Respondent, G. P. Schoenfelder, Appellant, and In re application of Woodmen of the World Life Insurance Society for the appointment of a receiver to collect the rents and income from real property subject to foreclosure proceedings.

Supreme Court of Minnesota.

July 14, 1972.

Attorney(s) appearing for the Case

Faegre & Benson and Gordon G. Busdicker and Arthur L. Doten, Minneapolis, for appellant.

Schacht, Kerr & Schacht, Rochester, for Woodmen of the World Life Ins.

O'Connor, Green, Thomas, Walters & Kelly and Frank J. Walz, Minneapolis, for Sears, Roebuck.

Heard before KNUTSON, C. J., and MURPHY, OTIS, and PETERSON, JJ.

PETERSON, Justice.

Defendant G. P. Schoenfelder, owner of real estate developed as a shopping center complex in Rochester, Minnesota, was the mortgagor (by assignment) in a mortgage on the real estate to plaintiff, Woodmen of the World Life Insurance Society (hereafter Woodmen), and the lessor (by assignment) in a long term lease of a major segment of the center to defendant Sears, Roebuck and Co. (hereafter Sears). By agreement made contemporaneous with execution...

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