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VAN KNIGHT STEEL v. HOUSING & REDEV. AUTH.

No. C5-88-528.

430 N.W.2d 1 (1988)

VAN KNIGHT STEEL ERECTION, INC., Plaintiff, v. HOUSING AND REDEVELOPMENT AUTHORITY OF the CITY OF ST. PAUL, et al., Defendants. ADOLFSON AND PETERSON, INC., intervenor and third-party Plaintiff, Respondent, v. MEARS PARK DEVELOPMENT COMPANY, third-party Defendant, Appellant. EGAN AND SONS CO., Plaintiff, v. TREB CORPORATION, et al., Defendants. ADOLFSON AND PETERSON, INC., intervenor and third-party Plaintiff, Respondent, v. MEARS PARK DEVELOPMENT COMPANY, third-party Defendant, Appellant.

Court of Appeals of Minnesota.

September 27, 1988.

Attorney(s) appearing for the Case

Ronald D. Olson, Christopher Hayhoe, Carlsen, Greiner & Law, Edina, for intervenor and third-party plaintiff.

Gerald L. Svoboda, Jeffrey C. Paulson, Dean B. Thomson, Fabyanske, Svoboda, Westra & Davis, P.A., St. Paul, for third-party defendant, appellant.

Heard, considered and decided by WOZNIAK, P.J., and PARKER and SCHUMACHER, JJ.

OPINION

PARKER, Judge.

Mears Park Development Company (MPDC) appeals from the trial court's order granting Adolfson and Peterson, Inc. (A & P), partial summary judgment ordering MPDC to pay retainage to A & P in the amount of $127,282.71, along with interest and attorney's fees. We reverse.

FACTS

The parties entered into an agreed statement of the record which is the basis for the following statement of facts.

A & P...

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