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PETITION OF COMMERCIAL STATE BANK IN ST. PAUL

Nos. CX-85-2079, C9-85-2283.

388 N.W.2d 11 (1986)

In the Matter of the Petition of COMMERCIAL STATE BANK IN ST. PAUL in Relation to Certificate of Title No. 24474 Issued for land in the County of Washington and State of Minnesota and Legally Described as Follows: Lots One through Seven (1 through 7) Block Four (4) of the Farmer's Terminal Packing Company's Addition to the Village of Newport.

Court of Appeals of Minnesota.

June 3, 1986.

Attorney(s) appearing for the Case

Jerrold M. Hartke, The Hartke Law Firm, S. St. Paul, for appellant King Realty, Inc.

James A. Gallagher, Jerome B. Simon, Maun, Green, Hayes, Simon, Johanneson & Brehl, St. Paul, for respondent Commercial State Bank.

Thomas C. Grindberg, Wyoming, for respondents Richard and Kathleen Werner.

Considered and decided by SEDGWICK, P.J., and PARKER and FORSBERG, JJ., with oral argument waived.

OPINION

PARKER, Judge.

The trial court issued a new certificate of title, free of existing memorials, to respondent Commercial State Bank pursuant to a proceeding subsequent under Minn.Stat. § 508.59 (1984). Appellant King Realty, Inc., sought to have a memorial on the existing certificate reflecting its alleged mechanic's lien carried forward. We affirm the trial court's order and award Commercial attorney's fees and costs attributable to this appeal...

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