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SPARTAN MECH. v. ST. PAUL FIRE & MARINE

No. C5-87-1023.

414 N.W.2d 476 (1987)

SPARTAN MECHANICAL, INC., Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Denied January 15, 1988.

Attorney(s) appearing for the Case

James W. Littlefield, Minneapolis, for appellant.

Thomas Darling, George R. Wood, Minneapolis, for respondent.

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

OPINION

LANSING, Judge.

Spartan Mechanical, Inc., subcontracted to do mechanical work in the renovation of two Minneapolis schools and brought this action against St. Paul Fire & Marine Insurance Company to recover on the surety bond issued by St. Paul Fire & Marine to the general contractor of the projects. At the close of Spartan's case-in-chief and again at the conclusion of the trial, St. Paul Fire & Marine moved to dismiss Spartan's claim...

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