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CROSS COS. v. CITIZENS MORTG. INV. TRUST

No. 45072.

232 N.W.2d 114 (1975)

CROSS COMPANIES, INCORPORATED, Respondent, v. CITIZENS MORTGAGE INVESTMENT TRUST, Appellant.

Supreme Court of Minnesota.

August 8, 1975.

Attorney(s) appearing for the Case

Maslon, Kaplan, Edelman, Borman, Brand & McNulty and Robert A. Engelke, Minneapolis, for appellant.

Carlsen, Greiner & Law, Peter F. Greiner and John E. Rode, Minneapolis, for respondent.

Heard before TODD, MacLAUGHLIN, YETKA, SCOTT, and KNUTSON, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from an order of the municipal court of the city of St. Paul granting plaintiff-respondent, Cross Companies, Incorporated (Cross), a writ of restitution in a forcible entry and unlawful detainer action, and from the judgment entered. Defendant-appellant, Citizens Mortgage Investment Trust (Citizens), claims the right to possession of the real estate and the right to rents and profits pursuant to a mortgage and a contemporaneous and...

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