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DAVID N. VOLKMANN CONST., INC. v. ISAACS

Nos. C1-88-1059, C8-88-1060.

428 N.W.2d 875 (1988)

DAVID N. VOLKMANN CONSTRUCTION, INC., Respondent, v. Gerald ISAACS, Appellant, Lakewood Hills Development Company, Defendant (C1-88-1059), Craig R. Mathies, Defendant (C8-88-1060).

Court of Appeals of Minnesota.

September 13, 1988.

Attorney(s) appearing for the Case

Einar Hanson, Hart, Bruner & O'Brien, Minneapolis, for respondent.

Stewart Loper, Cochrane & Bresnahan, St. Paul, for appellant.

Considered at Special Term and decided by WOZNIAK, C.J., PARKER and SCHUMACHER, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Gerald Isaacs appealed from a temporary injunction requiring him to endorse stock certificates, but failed to seek any stay pending resolution of his appeal. Respondent David N. Volkmann Construction moved the trial court for enforcement of the injunction, but the trial court ruled it lacked jurisdiction, due to the pending appeal. Respondent now moves this court to require Isaacs to post a supersedeas...

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