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614 COMPANY v. D. H. OVERMYER CO., INC.

No. 43876.

211 N.W.2d 891 (1973)

The 614 COMPANY, Appellant, v. D. H. OVERMYER CO., INC., Respondent.

Supreme Court of Minnesota.

Rehearing Denied November 23, 1973.

Attorney(s) appearing for the Case

Leonard, Street & Deinard and Lowell J. Noteboom and James P. Gerlach, Minneapolis, for appellant.

Maun, Hazel, Green, Hayes, Simon & Aretz, Richard D. Donohoo, and Charles Bans, St. Paul, for respondent.

Heard and considered en banc.

PETERSON, Justice.

Plaintiff, The 614 Company, instituted this unlawful detainer action in St. Paul municipal court for restitution of leased premises in the possession of defendant, D. H. Overmyer Co., Inc., under a written lease and to recover past-due rent owed by defendant, together with interest and attorneys' fees. The trial court denied plaintiff's application for restitution of the premises, conditioned upon defendant's paying, within a stated time, all arrearages...

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