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KLOSTER-MADSEN, INC. v. TAFI'S, INC.

No. 44589.

226 N.W.2d 603 (1975)

KLOSTER-MADSEN, INC., Respondent, v. TAFI'S, INC., Respondent, Prudential Insurance Company of America, Appellant, Northwestern National Life Insurance Company, Respondent, Londer Company, Inc., Respondent, Kronicks Floor Covering Service, Inc., Respondent, Photosound Systems, Inc., Respondent, P & D Mechanical Contracting Company, Respondent, Dale Tile Company, Respondent.

Supreme Court of Minnesota.

February 7, 1975.

Attorney(s) appearing for the Case

Kueppers, Kueppers & Von Feldt, and Fred A. Kueppers, Sr., St. Paul, for appellant.

Larkin, Hoffman, Daly & Lindgren, and James P. Larkin, Minneapolis, for Kloster-Madsen, Inc.

Michael J. Mollerus, Minneapolis, for Tafi's.

Janice K. Frankman, Minneapolis, for N. W. Nat. Life.

Katz, Taube, Lange & Frommelt, Minneapolis, for Londer Co.

John J. Ribnick, Minneapolis, for Kronicks.

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman, Minneapolis, for Photosound.

William J. Tegeder, Minneapolis, for P. & D.

Kenneth P. Gleason, Minneapolis, for Dale Tile Co.

Heard before ROGOSHESKE, TODD, and YETKA, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

This appeal arises out of a mechanics lien foreclosure action brought by Kloster-Madsen, Inc., a general contractor which furnished labor and material for the remodeling of a three-story building purchased by defendant Tafi's, Inc., from Minneapolis Elks Lodge No. 44. The critical issue is whether the mechanics liens asserted by plaintiff and other coordinate lienors also joined as parties have priority over the purchase money mortgage interest...

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