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  5. 239 N.W.2d 216 (1976)
 

SWANSON v. TOMLINSON LUMBER MILLS, INC.

Nos. 45009, 45963 and 45969.

239 N.W.2d 216 (1976)

Arnold SWANSON, as Receiver for Tomlinson Lumber Sales, Inc., Respondent, v. TOMLINSON LUMBER MILLS, INC., Appellant. BURLINGTON NORTHERN, INC., Plaintiff, v. TOMLINSON LUMBER SALES, INC., and Kenneth D. Tomlinson, Individually, Respondents, Arnold F. Swanson, the Receiver of Tomlinson Lumber Sales, Inc., Appellant.

Supreme Court of Minnesota.

February 6, 1976.

Attorney(s) appearing for the Case

MacDonald, Munger & Fillenworth and A. Blake MacDonald, Duluth, for appellant.

Johnson, Fredin, Killen, Thibodeau & Seiler and Conrad M. Fredin, Duluth, for receiver.

Heard before SHERAN, C. J., and ROGOSHESKE, PETERSON, KELLY, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

These appeals arise out of two related actions in the St. Louis County District Court. The first was an action on several promissory notes brought by Burlington Northern, Inc. (Burlington) against Tomlinson Lumber Sales, Inc. (Tomlinson Sales) and its president and sole stockholder, Kenneth D. Tomlinson (Tomlinson). That action was settled February 7, 1972, and judgment entered against Tomlinson Sales April 11, 1972, in the amount of $214,100. Execution...

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