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  5. 261 N.W.2d 346 (1977)
 

CARL H. PETERSON CO. v. ZERO ESTATES

No. 47294.

261 N.W.2d 346 (1977)

CARL H. PETERSON COMPANY, Respondent, v. ZERO ESTATES, et al., Respondents, First National Bank of Lakeville, Appellant. HEDBERG & SONS CO., Respondent, v. Emil J. BRAUN, et al., Defendants, First National Bank of Lakeville, Appellant. Richard L. LUNDAHL, Respondent, v. Emil J. BRAUN, et al., Defendants, First National Bank of Lakeville, Appellant, W. J. Sutherland & Associates, Inc., intervenor, Respondent, Road Machinery & Supplies of Minneapolis, Respondent.

Supreme Court of Minnesota.

Rehearing Denied January 10, 1978.

Attorney(s) appearing for the Case

Ahl, Halberg & Nord, R. Glenn Nord, and William E. Macklin, Lakeville, for appellant.

Peterson & Holtze and Theodore N. Treat, Jr., Minneapolis, for Carl Peterson Co.

Richard M. Greeman, Minneapolis, for Zero Estates, et al.

O. A. Brecke and J. Robert Nygren, Minneapolis, for Hedberg & Sons Co.

Brenner & Harroun and Bernard M. Harroun, Minnetonka, for Richard L. Lundahl.

Robert E. Johnson, Minneapolis, for W. J. Sutherland & Associates.

John J. Waters, Minneapolis, for Road Machinery Supplies.

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

PETERSON, Justice.

The First National Bank of Lakeville (hereafter "bank") appeals from judgment in a mechanics lien foreclosure action in which the bank, as the mortgagee of property in Scott County, unsuccessfully claimed priority for its mortgage, although second in time to the mechanics liens on the same property, on grounds of equitable subrogation or, alternatively as to certain of the lienholders, on various grounds of notice and waiver.

The factual...

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