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PARK PLAZA STATE BANK v. CWS DEV. CO.

No. 44740.

227 N.W.2d 560 (1975)

PARK PLAZA STATE BANK OF ST. LOUIS PARK, Respondent, v. CWS DEVELOPMENT CO., Appellant. CWS DEVELOPMENT CO., Appellant, v. PARK PLAZA STATE BANK OF ST. LOUIS PARK, Respondent, Modular Structures, Inc., et al., Defendants.

Supreme Court of Minnesota.

March 14, 1975.

Attorney(s) appearing for the Case

Rice, Evans & Christensen and Robert Rice, Pipestone, for C.W.S. Development Co.

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman and Jerome S. Rice and Frederick E. Finch, Minneapolis, for Park Plaza St. Bk.

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

KNUTSON, Justice.*

This is an appeal from a judgment involving two actions that were consolidated for trial in the district court to determine who is entitled to certain contract proceeds from a building contract.

While the facts as related in the briefs are somewhat complicated, they can be simplified by simply referring to the contracts involved and the parties seeking to recover the...

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