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SHERBROOK CO. v. E & H EARTH MOVERS, INC.

No. C7-87-1797.

419 N.W.2d 818 (1988)

SHERBROOK COMPANY, Respondent, v. E & H EARTH MOVERS, INC., Appellant.

Court of Appeals of Minnesota.

Review Denied April 20, 1988.

Attorney(s) appearing for the Case

Virgil C. Herrick, Herrick & Newman, P.A., Fridley, for Sherbrook Co.

Michael S. Kreidler, Lasley, Gaughan, Stich & Angell, P.A., Minneapolis, for E & H Earth Movers, Inc.

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

OPINION

FORSBERG, Judge.

This appeal is from an amended order denying E & H Earth Movers' motion for dismissal and certifying the issues raised in that motion as important and doubtful under Minn.R.Civ.App.P. 103.03(h). We affirm the trial court's disposition of the motion.

FACTS

The facts are not in dispute. Respondent Sherbrook Company ("Sherbrook"), a property developer, contracted with appellant, E & H Earth Movers ("E &...

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