FIRST TRUST CO., INC. v. STATE

No. C3-89-781.

449 N.W.2d 491 (1989)

FIRST TRUST COMPANY, INC., in its capacity as Indenture Trustee and not in its individual capacity, Respondent, v. The STATE of Minnesota, Appellant, M.E.S. Corporation, Respondent. AMERICAN FINANCIAL PRINTING, INC., Intervenor, Respondent, v. FIRST TRUST COMPANY, INC., in its capacity as Indenture Trustee and not in its individual capacity, Defendant in Intervention, Respondent, State of Minnesota, Defendant in Intervention, Appellant, M.E.S. Corporation, Defendant in Intervention, Respondent.

Court of Appeals of Minnesota.

Review Denied March 8, 1990.


Attorney(s) appearing for the Case

John C. Thomas and Jerome A. Miranowski, Oppenheimer Wolff & Donnelly, Minneapolis, for First Trust Co., Inc., respondent.

Hubert H. Humphrey, III, Atty. Gen. and Christie B. Eller, Asst. Atty. Gen., St. Paul, for The State, appellant.

B.C. Hart and Thomas J. Vollbrecht, Hart, Bruner & O'Brien, P.A., Minneapolis, for M.E.S. Corp., respondent.

Joseph M. Sokolowski, Minneapolis, for American Financial Printing, Inc., intervenor, respondent.

Heard, considered and decided by GARDEBRING, P.J., and FORSBERG and RANDALL, JJ.


OPINION

GARDEBRING, Judge.

Appellant State of Minnesota challenges the trial court's grant of summary judgment in favor of respondent First Trust Company, Inc. (First Trust) in the amount of $1.7 million. We affirm the trial court's decision to grant summary judgment, but modify the amount of the judgment to $726,515.23.1

FACTS

In 1983, the State of Minnesota instituted an energy conversion plan to replace current...

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