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FIRST NAT. BANK OF WINDOM v. ROSENKRANZ

No. C3-88-1841.

430 N.W.2d 267 (1988)

FIRST NATIONAL BANK OF WINDOM, Windom, Minnesota, Respondent, v. James ROSENKRANZ, d/b/a Verchota Furniture, Appellant.

Court of Appeals of Minnesota.

October 18, 1988.

Attorney(s) appearing for the Case

Daniel M. McDonald, Ruenitz, Gudmestad, Gross & McDonald, Windom, for respondent.

Clyde E. Miller, Parris, Miller & Maus, Hector, for appellant.

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

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Respondent First National Bank of Windom brought a replevin action against appellant James Rosenkranz, d/b/a Verchota Furniture, and sought a deficiency judgment for the unpaid balance on a promissory note. First National Bank had previously obtained property from Rosenkranz by replevin order, which was sold. Rosenkranz counterclaimed, asserting wrongful...

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