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IN RE INDENTURE OF TRUST MARCH 1, 1982

No. C4-88-1637.

437 N.W.2d 430 (1989)

In re INDENTURE OF TRUST DATED AS OF MARCH 1, 1982, Re City of Duluth $10,000,000 Industrial Development Revenue Bonds, Series 1982-1 (The Triangle Corporation Project).

Court of Appeals of Minnesota.

Review Denied May 24, 1989.

Attorney(s) appearing for the Case

Thomas R. Thibodeau, John N. Nys, Joseph J. Roby, Jr., Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, and Garrard R. Beeney, Sullivan & Cromwell, New York City, for appellant Triangle Corp.

Robert E. Toftey, Michael Cowles, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, for respondent Trustee First Bank North (N.A.).

Robert C. Maki, Nikki M. Newman, Halverson, Watters, Bye, Downs & Maki, Ltd., Duluth, for respondent City of Duluth.

Thomas F. Andrew, Brown, Andrew, Hallenbeck, Signorelli & Zallar, P.A., Duluth, for respondent Directly Affiliated Labor Union 18650, AFL-CIO.

Hubert H. Humphrey, III, Atty. Gen., Christie B. Eller, Asst. Atty. Gen., St. Paul, for amicus curiae State.

James B. Loken, Faegre & Benson, Minneapolis, for Mortgagee Norwest Bank, Minnesota (N.A.).

Heard, considered and decided by SHORT, P.J., and NIERENGARTEN, and NORTON, JJ.

OPINION

NIERENGARTEN, Judge.

This is an appeal from an order, amended order and judgment construing an indenture of trust. The appellant contends the indenture of trust was not ambiguous and claims the district court improperly imposed contractual obligations not found in the trust instrument and related documents. We affirm in part and reverse in part.

FACTS

The Diamond Tool and Horseshoe Company...

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