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SPETZ & BERG, INC. v. LUCKIE CONST. CO., INC.

No. C1-84-596.

353 N.W.2d 233 (1984)

SPETZ & BERG, INC., Appellant, v. LUCKIE CONSTRUCTION CO., INC., Defendant, Balboa Insurance Company, Respondent.

Court of Appeals of Minnesota.

Review Denied November 9, 1984.

Attorney(s) appearing for the Case

A. H. Michals, Minneapolis, for appellant.

Jerrold J. Sullivan, St. Paul, for respondent.

Considered and decided by WOZNIAK, P.J., and SEDGWICK, and LESLIE, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

This is an appeal from a judgment dismissing Appellant Spetz & Berg, Inc.'s claim against Respondent Balboa Insurance Company, as a surety, for unpaid labor and materials provided as a subcontractor in the improvement of public property. The sole issue on appeal is whether Spetz & Berg was required to comply strictly with the notice of claim requirements of Minn. Stat. § 574.31 (1929) as a condition precedent to the maintenance...

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