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LAMPERT YARDS v. THOMPSON-WETTERLING CONST.

No. 43935.

223 N.W.2d 418 (1974)

LAMPERT YARDS, INC., Respondent, Northwestern National Bank of Mankato, Appellant, v. THOMPSON-WETTERLING CONSTRUCTION & REALTY, INC., et al., Defendants, M. L. Gordon Sash & Door Co., Respondent, Suburban Industries, Inc., Respondent, Minnesota Electric Supply Co., Respondent, Mankato Plumbing & Heating, Respondent, Sherwin-Williams Co., et al., Respondents.

Supreme Court of Minnesota.

November 8, 1974.

Attorney(s) appearing for the Case

Blethen, Ogle, Gage & Krause, Bailey W. Blethen, Randall C. Berkland, and David T. Peterson, Mankato, for appellant.

McLean, Peterson & Sullivan and Thomas R. Sullivan, Mankato, for Lampert Yards.

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman and James L. Baillie, Minneapolis, for Gordon Sash & Door Co.

Jerome V. Blatz and Gary A. Flatten, Minneapolis, for Suburban Industries, Inc.

Johnson, Schmidt, Thompson, Lindstrom & Thompson, and Henry W. Schmidt, Willmar, for Minn. Elec.

Dailey & Kunard, and James J. Dailey, Mankato, for Mankato Plumbing & Htg.

Simmonds & Bradshaw, and John E. Simmonds, Mankato, for Sherwin-Williams Co.

Frank J. Hammond, Ronald E. Orchard, John R. Kenefick, and Briggs & Morgan, St. Paul, for Minnesota Bankers Association, amicus curiae.

Heard before KNUTSON, C. J., and OTIS, PETERSON, and MULALLY, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

This is an appeal from the judgment of the district court and a request for review of that judgment. The trial court awarded priority to the mortgage of plaintiff Northwestern National Bank of Mankato on a bankrupt apartment project, over various mechanics liens, according to the provisions of Minn.St.1971, § 514.05.1 However, the trial court made certain deductions from the amount of the statutory priority and...

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