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AMERICAN CAST IRON CO. v. CITY OF MINNETONKA

No. 44294.

223 N.W.2d 771 (1974)

AMERICAN CAST IRON COMPANY, Appellant, v. CITY OF MINNETONKA, Respondent.

Supreme Court of Minnesota.

October 25, 1974.

Attorney(s) appearing for the Case

Culhane & Culhane, Minneapolis, for appellant.

Carl F. Dever, Minnetonka, for respondent.

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

OTIS, Justice.

This is an action by a subcontractor against a municipality to recover the value of materials furnished in the construction of a municipal sewer system. The contractor and its surety being insolvent, the issue is whether funds withheld by the municipality from the contractor and used to complete the contract are available to unpaid subcontractors. The trial court held that the subcontractor had no claim to the funds thus retained, and we affirm.

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