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GBJ, INC., II v. FIRST AVE. INVESTMENT CORP.

No. C1-94-552.

520 N.W.2d 508 (1994)

GBJ, INC., II, a Minnesota corporation, Appellant, v. FIRST AVENUE INVESTMENT CORPORATION, a Minnesota corporation, d/b/a First Avenue Investments, Inc., a Minnesota general partnership; et al., Defendants, Americana Bank, a Minnesota corporation, Respondent.

Court of Appeals of Minnesota.

Review Denied October 27, 1994.

Attorney(s) appearing for the Case

Eric J. Magnuson, Jeanne H. Unger, Rider, Bennett, Egan & Arundel, Minneapolis, for appellant.

David H. Gregerson, Todd A. Sattler, Lang, Pauly & Gregerson, Ltd., Minneapolis, and Todd R. Iliff, David J. Van House, Van House & Iliff, P.A., Edina, for respondent.

Considered and decided by AMUNDSON, P.J., and KALITOWSKI and HOLTAN, JJ.

OPINION

KALITOWSKI, Judge.

Respondent Americana Bank foreclosed on a mortgage on certain real and personal property (the property) that appellant GBJ, Inc., II (GBJ) was leasing. On appeal from summary judgment, GBJ contends the district court erred in: (1) concluding that Americana did not breach the covenant of quiet enjoyment contained in the lease; (2) concluding that Americana is not estopped from terminating the lease; and (3) dismissing the lis pendens...

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