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GATE CO. v. MIDWEST FEDERAL SAV., ETC.

Nos. 81-1003, 81-1287.

324 N.W.2d 202 (1982)

GATE COMPANY, Respondent, v. MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, and William A. SMITH, Jr., et al., Respondents, v. TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant.

Supreme Court of Minnesota.

August 31, 1982.

Attorney(s) appearing for the Case

Hessian, McKasy & Soderberg, Thomas E. Harms, John A. Knapp, William Borchers and William J. Utermohlen, Minneapolis, for Midwest Federal Sav. and Loan Ass'n.

Mackall, Crounse & Moore, Frederick L. Thorson, Gregory J. Pulles and James T. Swenson, Minneapolis, for Twin City Federal Sav. and Loan Ass'n.

Holmes & Graven, David L. Graven and Larry M. Wertheim, Minneapolis, for Gate Co.

Chestnut & Brooks and Thomas F. Miller, Minneapolis, for Smith, et al.

Faegre & Benson, Minneapolis, for Farmers and Mechanics Sav. Bank of Minneapolis.

Dorn & Berglund and Robert B. Varco, Anoka, for Private Citizens.

Briggs & Morgan and Richard Mark, St. Paul, for First Nat. of St. Paul.

Warren Spannaus, Atty. Gen., Thomas Purcell and Regina Chu, Sp. Asst. Attys. Gen., St. Paul, for Minn. Atty. Gen.

Robins, Zelle, Larson & Kaplan, James R. Safley, Leslie H. Novak and Thomas L. Owens, Minneapolis, for Minn. Ass'n of Realtors.

Jonathan K. Heffron, Washington, D.C., for Federal Home Loan Bank Bd.

Heard, considered and decided by the court en banc.

AMDAHL, Chief Justice.

This case concerns two consolidated appeals. In Gate Company v. Midwest Federal Savings & Loan Association, No. 81-1003, Midwest Federal appeals from an order of the Hennepin County District Court granting plaintiff Gate Company's motion for summary judgment. The order enjoined Midwest Federal from enforcing due-on-sale clauses contained in a note and mortgage granting Midwest Federal a security interest in residential property to...

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