ZONTELLI & SONS v. FABYANSKE, SVOBODA & WESTRA

No. C7-86-607.

394 N.W.2d 526 (1986)

ZONTELLI & SONS, INC., Respondent, v. FABYANSKE, SVOBODA AND WESTRA, P.A., Moore, Costello & Hart, Minnesota Department of Revenue, American Fidelity Fire Insurance Company, Gary Zontelli, Chandler Associates and Minnesota Department of Economic Security, Respondents, United States Internal Revenue Service, Appellant, Collection Services of Virginia, et al., Defendants.

Court of Appeals of Minnesota.

October 14, 1986.


Attorney(s) appearing for the Case

Steven Hanson, Gustafson, Hanson & Krueger, Brainerd, for Zontelli & Sons, Inc., and Gary Zontelli.

Robert J. Huber, Fabyanske, Svoboda & Westra, St. Paul, for Fabyanske, Svoboda and Westra, P.A.

Timothy A. Sullivan, Moore, Costello & Hart, St. Paul, for Moore, Costello & Hart.

Hubert H. Humphrey, III, Atty. Gen., Amy Eisenstadt, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Dept. of Revenue.

David H. Gregerson, Lang, Pauly & Gregerson, Ltd., Minneapolis, for American Fidelity Fire Ins. Co.

Virginia Bell, Maslon, Edelman, Borman & Brand, Minneapolis, for Chandler Associates.

Hubert H. Humphrey, III, Atty. Gen., Peter C. Andrews, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Dept. of Economic Sec.

Roger M. Olsen, Asst. U.S. Atty. Gen., Michael L. Paup, William S. Estabrook, Raymond W. Hepper, Tax Div., Francis Hermann, U.S. Atty., U.S. Dept. of Justice, Washington, D.C., for U.S.I.R.S.

Heard, considered and decided by FORSBERG, P.J., and FOLEY and LANSING, JJ.


OPINION

LANSING, Judge.

The United States Internal Revenue Service appeals an order establishing priorities for distribution of a fund in an interpleader action. Chandler Associates was the only respondent that submitted a brief. We reverse.

FACTS

In the main action Zontelli and Sons, Inc. (Zontelli), the general contractor in a municipal storm sewer construction project for Nashwauk, Minnesota...

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