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AMERICAN PARTS SYSTEM v. T & T AUTOMOTIVE

No. C3-84-82.

358 N.W.2d 674 (1984)

AMERICAN PARTS SYSTEM, INC., Respondent, v. T & T AUTOMOTIVE, INC., et al., Appellants. T & T AUTOMOTIVE, INC., third-party plaintiff, Appellants, v. A.P.S., INC., et al., third-party defendants, Respondents.

Court of Appeals of Minnesota.

November 27, 1984.

Attorney(s) appearing for the Case

Mark G. Ohnstad, Mark E. Lasee, Thomsen, Nybeck, Johnson, Bouquet & Van Valkenburg, Edina, for respondent.

Richard W. Davis, Altman, Weiss & Bearmon, St. Paul, for appellants.

Heard, considered and decided by WOZNIAK, P.J., and FORSBERG and LESLIE, JJ.

OPINION

FORSBERG, Judge.

This is an appeal from a judgment entered for American Parts for sums owing to it by T & T Automotive [hereafter, T & T], both on open account for purchase of supplies and on a secured loan. T & T defended claiming that its agreement with American Parts constituted a franchise under Minnesota law, Minn.Stat. § 80C.01, and that American Parts was prevented from recovering by its failure to register that agreement...

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