COMSTOCK & DAVIS v. G.D.S. & ASSOCIATES

No. C2-91-1310.

481 N.W.2d 82 (1992)

COMSTOCK & DAVIS, INC., Appellant, v. G.D.S. & ASSOCIATES, et al., Defendants, First Trust National Association, f/k/a Minnesota Trust Company, Inc., Respondent, Arrow Building Center, a division of Consolidated Lumber Company, et al., Appellants.

Court of Appeals of Minnesota.

February 11, 1992.


Attorney(s) appearing for the Case

William D. Hull, Timothy R. Duncan, Coleman, Hull & Van Vliet, Minneapolis, for Comstock & Davis, Inc. and Arrow Bldg. Center.

Gary A. Van Cleve, Larkin, Hoffman, Daly & Lindgren, Bloomington, for First Trust Nat. Ass'n.

Considered and decided by FORSBERG, P.J., and CRIPPEN and DAVIES, JJ.


OPINION

FORSBERG, Judge.

Appellant Comstock & Davis, Inc. (C & D) commenced a mechanics' lien foreclosure for surveying services on the Brick Pond Apartments (Brick Pond) in Stillwater, Minnesota. C & D claimed its liens were prior and superior to all other lien-holders, except coordinate mechanics' lienholders. Respondent First Trust National Association (First Trust) claimed priority of its mortgage over any mechanics' lien. The district court...

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