WITCHER CONST. v. ESTES II LTD.

No. C5-90-1369.

465 N.W.2d 404 (1991)

WITCHER CONSTRUCTION CO., Respondent, v. The ESTES II LIMITED PARTNERSHIP, Respondent, MeraBank Federal Savings & Loan Association, as successor to First Federal Savings & Loan Association Arizona, Appellant, Wunder - Klein - Donohue Company, Acoustical Floors, Inc., Quality Drywall, Inc., Harris Mechanical Contracting Company, et al., St. Paul Linoleum & Carpet Co., Inc., Ankeny, Kell, Richter & Associates, Architectural Sales of Minnesota, Inc., Respondents.

Court of Appeals of Minnesota.

Review Denied March 15, 1991.


Attorney(s) appearing for the Case

Kay Nord Hunt, Ronald L. Haskvitz, James M. Lockhart, Lommen, Nelson, Cole & Stageberg, P.A., Kevin M. Busch, O'Connor & Hannan, Minneapolis, for appellant.

David L. Lillehaug, Leonard, Street and Deina, Minneapolis, for Witcher Const. Co.

Thomas L. Fabel, Lindquist & Vennum, Minneapolis, for Estes II Limited Partnership.

Wunder-Klein-Donohue Co., Minneapolis, pro se.

Acoustical Floors, Inc., Hamel, pro se.

Timothy J. Grande, Arthur, Chapman & McDonough, Minneapolis, for Quality Drywall, Inc.

Richard T. Kavaney, Stringer & Rohleder, Ltd., St. Paul, for Harris Mechanical Contracting Co., et al.

Phillip T. Colton, Maun & Simon, Minneapolis, for St. Paul Linoleum & Carpet Co., Inc.

Timothy P. Mahoney, Robins, Kaplan, Miller & Ciresi, Minneapolis, for Ankeny, Kell, Richter & Associates.

Jerre A. Miller, Vesely, Miller & Steiner, Hopkins, for Architectural Sales of Minnesota, Inc.

Considered and decided by HUSPENI, P.J., and CRIPPEN and KALITOWSKI, JJ.


CRIPPEN, Judge.

Renovation of the International Harvester Building in St. Paul was separated into two parts for contracting purposes. The first part was base building or shell renovation work and the second part was the improvement of tenant areas. The claims of respondent mechanics' lienholders arise under the contract for tenant improvement work.

The predecessor of appellant MeraBank Federal Savings and Loan filed a mortgage lien against the project property...

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