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STATE BANK OF MORRISTOWN v. LABS

No. 48267.

275 N.W.2d 37 (1979)

STATE BANK OF MORRISTOWN, Plaintiff, v. Martin C. LABS, a/k/a, Marty Labs, Appellant, Henry Nagel, Respondent.

Supreme Court of Minnesota.

January 12, 1979.

Attorney(s) appearing for the Case

Greising & Keogh, Waterville, for appellant.

Keating & Carlson, Faribault, for respondent.

Heard before PETERSON, YETKA, and WAHL, JJ., and considered and decided by the court en banc.

YETKA, Justice.

This is an appeal by defendant Martin C. Labs from an order of the Rice County District Court granting defendant Henry Nagel's motion for judgment against defendant Labs and from judgment entered on June 7, 1977, in the amount of $3,118.99. We affirm.

On July 1, 1970, plaintiff State Bank of Morristown (hereinafter Bank) served a summons and complaint upon defendant Martin Labs, appellant herein, and on July 2, 1970, the Bank served a summons...

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