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DULUTH LUMBER & PLYWOOD v. DELTA DEV., INC.

No. 48746.

281 N.W.2d 377 (1979)

DULUTH LUMBER AND PLYWOOD COMPANY, Respondent, v. DELTA DEVELOPMENT, INC., Defendant. Appeal of FOND DU LAC HOUSING AUTHORITY.

Supreme Court of Minnesota.

Rehearing Denied August 10, 1979.

Attorney(s) appearing for the Case

Tupper, Smith & Seck, Peter W. Cannon and Kimball D. Mattson, Walker, for appellant.

Courtney, Gruesen & Petersen and Thomas W. Gruesen, Duluth, for respondent.

Heard before KELLY, TODD, and YETKA, JJ., and considered and decided by the court en banc.

TODD, Justice.

Duluth Lumber and Plywood Company (Duluth Lumber) furnished materials to Delta Development, Inc. (Delta), which was the general contractor on a turnkey housing project being constructed on the Fond du Lac Indian Reservation. Final payment on the housing project was made to Delta without properly following procedures designed to protect suppliers and laborers. After Delta failed to pay Duluth Lumber, an action was commenced by Duluth Lumber against Delta...

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