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KLINGELHUTZ v. WOODSMEN CONST., INC.

No. C2-89-1808.

455 N.W.2d 98 (1990)

John KLINGELHUTZ, d/b/a Construction Millwork Co., Appellant, v. WOODSMEN CONSTRUCTION, INC., et al., Defendants, James R. Somers, Lyons Mortgage Corp., Respondents.

Court of Appeals of Minnesota.

Review Denied July 13, 1990.

Attorney(s) appearing for the Case

Mac R. Willemssen, Melchert, Hubert, Sjodin and Willemssen, Chaska, for appellant.

T. Chris Stewart, C. Scott Massie, Johnson, Wood, Phleger & Bigelow, Wayzata, for James R. Somers.

Curtis D. Smith, Reese E. Chezick, Moss & Barnett, P.A., Minneapolis, for Lyons Mort. Corp.

Considered and decided by SHORT, P.J., and NORTON and MULALLY, JJ.

OPINION

EDWARD D. MULALLY, Judge.

On July 21, 1989, following a bench trial, the trial court found that John Klingelhutz had a valid mechanics' lien against the property in the amount of $2,276.10, but that his $31,099.09 mechanics' lien failed to attach. Further, the trial court found the valid mechanics' lien to be inferior to Lyons Mortgage Corporation's mortgage covering the property. The trial court awarded Klingelhutz $60,595.05 in damages against...

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