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LAMPERT LUMBER CO. v. JOYCE

No. C2-86-935.

396 N.W.2d 75 (1986)

LAMPERT LUMBER COMPANY, d.b.a. Lampert Building Center, Respondent, v. Vera K. JOYCE, Respondent, Donald F. Nolde, Appellant, First National Bank of Stillwater, Respondent, City of Stillwater, et al., Defendants.

Court of Appeals of Minnesota.

Review Granted December 23, 1986.

Attorney(s) appearing for the Case

Edward M. Christian, Bloomington, for Lampert Lumber Co.

Michael H. Daub, Minneapolis, for Joyce.

Mark J. Vierling, Eckberg, Lammers, Briggs, Wolff & Vierling, Stillwater, for Nolde.

Roy Holsten, Stillwater, for First Nat. Bank of Stillwater.

David T. Magnuson, Stillwater, for City of Stillwater.

Heard, considered and decided by POPOVICH, C.J., and PARKER and HUSPENI, JJ.

OPINION

POPOVICH, Chief Judge.

This appeal is from a judgment foreclosing a mechanic's lien and dismissing a cross-claim against appellant without prejudice. Appellant claims the trial court (1) erred as a matter of law in dismissing the cross-claim without prejudice following submission of the evidence by all parties, or alternatively, (2) abused its discretion in dismissing the cross-claim without prejudice instead of with prejudice. We affirm.

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