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HAYLE FLOOR COVERING v. FIRST MINNESOTA CONST.

Nos. 46460, 46523 and 47172.

253 N.W.2d 809 (1977)

HAYLE FLOOR COVERING, INC., Respondent, v. FIRST MINNESOTA CONSTRUCTION COMPANY, et al., Defendants, Stern Drywall, Inc., Respondent, M & N Builders, Respondent, Minnesota Valley Surfacing Co., etc., Respondent, Schutz Contracting Co., Inc., Respondent. METRAM PROPERTIES COMPANY, defendant and third party plaintiff, Respondent, v. CAPITOL INDEMNITY CORPORATION, third party defendant and fourth party plaintiff, Appellant, Larry Hork, et al., fourth party defendants, Respondents-Appellants, Roger Beyer, et al., Fourth Party Defendants.

Supreme Court of Minnesota.

Rehearing Denied May 23, 1977.

Attorney(s) appearing for the Case

Lang & Pauly and David H. Gregerson, Minneapolis, for appellants.

Robert F. Collins, So. St. Paul, for Hayle Floor.

Bernard Harroun, Minnetonka, for Stern Drywall.

George Seltz, Minneapolis, for M & N Bldrs.

Howard J. Groves, Burnsville, for Minn. Valley Surf. Co., etc.

Christian & Gross and Edward M. Christian, Bloomington, for Schutz.

Karlins, Grossman, Karlins, Siegel & Brill and Robert L. Lowe, Minneapolis, for respondents.

Douglas, Jaycox, Trawick & McManus, Minneapolis, for Hork, et al., respondent-appellant.

Heard before ROGOSHESKE, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.

PER CURIAM.

These appeals arise out of a mechanics lien foreclosure action brought by Hayle Floor Covering, Inc., a subcontractor in the construction of an apartment building owned by defendant Metram Properties Company. Four other subcontractors filed answers asserting mechanics liens. Defendant First Minnesota Construction Company was the general contractor on the contract with Metram. Metram commenced a third-party action against Capitol Indemnity Corporation,...

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