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E.H. RENNER & SONS v. SHERBURNE HOMES

No. C2-90-423.

458 N.W.2d 177 (1990)

E.H. RENNER & SONS, INC., Plaintiff, v. SHERBURNE HOMES INC., et al., Defendants, Builders Development & Finance, Inc., Respondent, Standard Lumber Company, Appellant. TAPPERS INC., d/b/a Genereaux Fine Wood Products, Plaintiff, v. Joseph A. GRAMSTAD, d/b/a Sherburne Homes, Inc., et al., Defendants.

Court of Appeals of Minnesota.

July 24, 1990.

Attorney(s) appearing for the Case

Bradley N. Beisel, Scholle & Scholle, Ltd., Minneapolis, for respondent.

Mark A. Merchlewitz, Benson & Merchlewitz, Winona, for appellant.

Considered and decided by FORSBERG, P.J., and KLAPHAKE and MULALLY, JJ.

OPINION

EDWARD D. MULALLY, Acting Judge.

This lawsuit arises out of a mechanics' lien foreclosure action involving two separate parcels of real estate. Appellant Standard Lumber Company claims the mechanics' liens have priority over the mortgage of respondent Builders Development & Finance, Inc. The trial court concluded the mechanics' liens did not have priority since the work of Valley Paving was not the actual and visible beginning of the improvements...

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