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GENZ-RYAN PLUMBING & HEATING CO. v. McCARTHY

No. C6-84-139.

350 N.W.2d 485 (1984)

GENZ-RYAN PLUMBING AND HEATING COMPANY, Respondent, v. Daryl McCARTHY, and individual, and d/b/a McCarthy Construction, Inc., et al., Appellants.

Court of Appeals of Minnesota.

July 3, 1984.

Attorney(s) appearing for the Case

Richard D. Weiblen, Minneapolis, for appellants.

Reid J. Hansen, Rosemount, for respondent.

Considered and decided by LANSING, P.J., and FOLEY and LESLIE, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

Appellants appeal denial of reinstatement of a default judgment upon an abuse of process counterclaim against respondent. We affirm.

FACTS

This case involves two related suits. In March 1981, Genz-Ryan Plumbing and Heating Company obtained a default judgment against Daryl McCarthy and McCarthy Construction, Inc. for work done on property jointly owned by Daryl and his wife Melissa. McCarthy sought to avoid the judgment...

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