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GILBERT BUILDERS v. COM. BANK OF DePERE

No. C4-86-1830.

407 N.W.2d 706 (1987)

GILBERT BUILDERS, INC., Appellant, v. COMMUNITY BANK OF DEPERE, Respondent, Brownstone Partnership, et al., Defendants, Ryan Air Conditioning, Inc., Metroquip, Inc., Electric Service Company of Minneapolis, Inc., Hayes Contractors, Inc., Daryl Burnham, Acoustical Floors, Inc., Appellants, Victor Carlson & Sons, Inc., Defendant, Warren Swanson, d/b/a Swanson Brothers Drywall, Appellant.

Court of Appeals of Minnesota.

Review Denied August 19, 1987.

Attorney(s) appearing for the Case

Peter C. Halls, Hart, Bruner, O'Brien & Thornton, P.A., Minneapolis, for Gilbert Builders, Inc.

Stephen J. Guy, Bernet & Guy, St. Paul, for Community Bank of DePere.

Craig M. Mertz, Minneapolis, for Ryan Air Conditioning, Inc.

Peter J. Timmons, Moss & Barnett, Minneapolis, for Metroquip, Inc.

Leland J. Frankman, Minneapolis, for Electric Service Co.

R. Jeffrey McLeod, R. Jeffrey McLeod, P.A., Golden Valley, for Hayes Contractors, Inc.

Malcolm MacGregor, Smith, Persian, MacGregor & Thompson, Minneapolis, for Acoustical Floors, Inc.

Michael T. Hoekstra, Wayzata, for Swanson.

John M. Koneck, Fredrikson & Byron, Minneapolis, representing Gordon Millwork Co.

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

OPINION

LANSING, Judge.

Plaintiffs, who have mechanics' liens against the property located at 1628 Elliott Avenue in Minneapolis, brought an action to foreclose the liens. They moved for a summary judgment determining that the bank's mortgage, which extended only to the vendee's interest, was extinguished when the bank purchased the property from the contract vendor and cancelled the vendee's interest. The trial court denied the lien claimants' motion and...

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