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MINNESOTA VALLEY TREE, INC. v. WONG

No. 45199.

240 N.W.2d 301 (1976)

MINNESOTA VALLEY TREE, INC., Plaintiff, v. Howard J. WONG, et al., defendants and third-party plaintiffs, Respondents, and American National Bank and Trust Company, et al., Defendants, HOYT CONSTRUCTION CO., INC., Respondent, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, third-party defendant, Appellant.

Supreme Court of Minnesota.

Rehearing Denied March 12, 1976.

Attorney(s) appearing for the Case

O. A. Brecke and J. Robert Nygren, Minneapolis, for appellant.

Kressel, Cecere & Seiler, Minneapolis, for Minn. Valley Tree, Inc.

Larkin, Hoffman, Daly & Lindgren and James P. Larkin, Minneapolis, for Wong, and others.

Happe, Happe, Hall & Chinnock, Burnsville, for Hoyt Const. Co.

Heard before KELLY, TODD and MacLAUGHLIN, JJ., and considered and decided by the court en banc.

PER CURIAM.

Plaintiff, Minnesota Valley Tree, Inc., commenced this action to foreclose a mechanics lien for labor and materials furnished in connection with the construction of a restaurant owned by respondents Howard J. and Mary Wong. Respondents joined appellant, St. Paul Fire and Marine Insurance Company, as a third-party defendant, alleging that appellant, as surety on the construction contract, was liable for any judgment which might be obtained by plaintiff...

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