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DEUTZ & CROW CO., INC. v. ANDERSON

No. CO-83-1373.

354 N.W.2d 482 (1984)

DEUTZ & CROW COMPANY, INC., Respondent, v. Ted ANDERSON, d/b/a Anderson Construction Company, Appellant.

Court of Appeals of Minnesota.

August 21, 1984.

Attorney(s) appearing for the Case

Arthur F. Blaufuss, Marshall, for respondent.

Bailey W. Blethen, Mankato, Keith D. Simmons, Minneapolis, for appellant.

Heard, considered and decided by SEDGWICK, P.J., and CRIPPEN and PARKER, JJ.

OPINION

SEDGWICK, Judge.

Respondent Deutz & Crow commenced this action in July 1979 for declaratory judgment, injunctive relief and damages for breach of contract. Appellant Anderson counterclaimed for breach of contract and damages. The matter came on for trial February 24, 1981 and the parties stipulated to a settlement. The judgment based upon the settlement was vacated in March 1982 because the trial court found that Anderson had fraudulently entered...

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