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LATENSER v. JOHN LATENSER & SONS

No. CX-82-1404.

347 N.W.2d 486 (1984)

Frank N. LATENSER, Respondent, v. JOHN LATENSER & SONS, INC., Appellant.

Supreme Court of Minnesota.

April 27, 1984.

Attorney(s) appearing for the Case

Ralph T. Smith, Bemidji, William E. Naviaux, J. Patrick Green, Omaha, Neb., for appellant.

John A. Masog, Park Rapids, David B. Latenser, Omaha, Neb., for respondent.

Considered and decided by the court en banc without oral argument.

SCOTT, Justice.

Plaintiff-respondent Frank Latenser originally brought this action to foreclose a mortgage on property located in Hubbard County, Minnesota. Defendant-appellant John Latenser & Sons, Incorporated, a Nebraska corporation, had given the mortgage in favor of Frank Latenser as security for the performance of an employment contract between Frank and the corporation. Defendant John Latenser & Sons appeared generally by its principal, William B. Latenser...

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