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MODERN HEATING v. LOOP BELDEN PORTER

No. C3-92-922.

493 N.W.2d 296 (1992)

MODERN HEATING AND AIR CONDITIONING, INC., Appellant, v. LOOP BELDEN PORTER, Respondent.

Court of Appeals of Minnesota.

December 8, 1992.

Attorney(s) appearing for the Case

Thomas H. Boyd, Winthrop & Weinstine, P.A., St. Paul, for appellant.

Peter A. Koller, Paul T. Eidsness, Moss & Barnett, P.A., Minneapolis, for respondent.

Considered and decided by DAVIES, P.J., and PARKER and SCHUMACHER, JJ.

OPINION

DAVIES, Judge.

Appellant challenges the trial court's sua sponte grant of summary judgment in favor of respondent based on a mutual release. We reverse and remand.

FACTS

From 1983 to June 2, 1989, Douglas Hayes owned 100% of respondent company Loop Belden Porter ("Loop") and 51% of appellant company Modern Heating and Air Conditioning ("Modern Heating"). While under Hayes' ownership,...

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