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DERESCHUK v. KNUDSEN

No. 48563.

280 N.W.2d 42 (1979)

Nick D. DERESCHUK, Appellant, v. Charles B. KNUDSEN, Individually, and d. b. a. Knudsen Realty Company, Respondent, Virgil Doerfler, Respondent, Al Sieben, Respondent, First Merchants State Bank of St. Paul, Respondent.

Supreme Court of Minnesota.

June 15, 1979.

Attorney(s) appearing for the Case

Ronald O. W. Ylitalo, St. Paul, for appellant.

Franke, Riach & Franke and Ronald J. Riach, St. Paul, for Knudsen et al.

John E. Daubney, St. Paul, for Doerfler.

David E. Tanner, Hastings, for Sieben.

Newcome, Wallace & Newcome and Jack C. Wallace, St. Paul, for First Merchants State Bank of St. Paul.

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

SHERAN, Chief Justice.

This is an appeal from the trial court's order of December 14, 1977, which in part dismissed Dereschuk's cause of action and in part granted judgment on the pleadings in favor of defendants in Dereschuk's suit for conversion and breach of two separate agreements by defendants. We remand for further proceedings.

In 1971, Dereschuk and Virgil Doerfler purchased a 67-acre tract of land in Dakota County subject to a $55,000 mortgage held...

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