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GRAYBOW-DANIELS CO. v. PINOTTI

No. 46706.

255 N.W.2d 405 (1977)

GRAYBOW-DANIELS COMPANY, Respondent, v. Floyd N. PINOTTI, as Sheriff of Chisago County, Minnesota, Respondent, v. Merchants State Bank of North Branch, intervenor, Appellant.

Supreme Court of Minnesota.

June 17, 1977.

Attorney(s) appearing for the Case

Johnson & Bloomquist, Howard F. Johnson, Timothy R. Bloomquist, Center City, Altman, Geraghty, Mulally & Weiss, Judd S. Mulally and David C. Hutchinson, St. Paul, for appellant.

Share, Evidon & Weisberg, Robert G. Share and James E. Nelson, Minneapolis, for Graybow.

Linn Slattengren, County Atty., Center City, for Pinotti.

Considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from a district court order granting a writ of mandamus. Graybow-Daniels Company (Graybow) brought this action for a peremptory writ of mandamus to compel the sheriff of Chisago County to accept its payment for redemption of property on which it holds a fourth mortgage. The trial court, based upon the stipulated facts submitted by the parties, granted the writ and ordered the redemption to proceed. This appeal is brought by

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