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BOULEVARD DEL, INC. v. STILLMAN

No. CX-83-1283.

343 N.W.2d 50 (1984)

BOULEVARD DEL, INC., Appellant, v. Marvin STILLMAN, Defendant & Third Party Plaintiff, Respondent, Arthur Mack, et al., Third Party Defendants.

Court of Appeals of Minnesota.

January 25, 1984.

Attorney(s) appearing for the Case

Leo Dorfman, Minneapolis, for appellant.

Lawrence T. Hofmann, Minneapolis, for Marvin Stillman, defendant & third party plaintiff, respondent, and Arthur Mack, et al., third party defendants.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and LANSING, JJ.

OPINION

FOLEY, Judge.

This is an appeal from an order vacating a summary judgment in favor of plaintiff, after payment and satisfaction of the judgment. We reverse.

Facts

Plaintiff-appellant, Boulevard Del commenced an action against defendant-respondent, Stillman to recover $25,000 under a lease guarantee in January of 1983. Subsequently, Boulevard Del filed a motion for summary judgment. Between the commencement of the action and...

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