A.P.I., INC. v. U.S.

Civ. No. 880058.

430 N.W.2d 333 (1988)

A.P.I., INC., a Minnesota Corporation, Plaintiff and Appellant, v. UNITED STATES of America, Defendant and Appellee, James P. Edwards Company, Inc., Great Plains Gasification Associates, a partnership, Defendants, and Swanson and Youngdale, Inc., Defendant and Appellant.

Supreme Court of North Dakota.

October 18, 1988.


Attorney(s) appearing for the Case

William M. Beadie (argued), of Moore, Costello & Hart, St. Paul, Minn., and Lyle Kirmis of Zuger, Kirmis, Bolinske & Smith, Bismarck, for plaintiff and appellant.

Lynn E. Crooks (argued), Asst. U.S. Atty., Fargo, for defendant and appellee.

Carl A. Swenson of Doherty, Rumble & Butler, St. Paul, Minn., and LaRoy Baird III, Bismarck, for defendant and appellant.


GIERKE, Justice.

A.P.I., Inc. [A.P.I.], appeals1 from a district court judgment dismissing its action to foreclose a mechanic's lien on property owned by the United States. We affirm the judgment only insofar as it dismisses the United States from the action.

On May 14, 1986, A.P.I. entered into a $190,000 subcontract with the James P. Edwards Company, Inc. [Edwards], a general contractor, to furnish and install insulation at the...

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