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AUTOMATED BLDG. COMPONENTS v. NEW HORIZON

No. C7-93-2036.

514 N.W.2d 826 (1994)

AUTOMATED BUILDING COMPONENTS, INC., et al., Plaintiffs, v. NEW HORIZON HOMES, INC., et al., Defendants, Michael F. Donnelly, et al., Appellants, DayCo Concrete Company, Inc., Respondent.

Court of Appeals of Minnesota.

Review Denied June 15, 1994.

Attorney(s) appearing for the Case

James T. Swenson, Mackall, Crounse & Moore, Minneapolis, for plaintiffs.

Anthony J. Gleekel, William Christopher Penwell, Siegel, Brill, Gruepner & Duffy, P.A., Minneapolis, for defendants.

Considered and decided by SHORT, P.J., and KLAPHAKE and DAVIES, JJ.

OPINION

SHORT, Judge.

This foreclosure action involves a combined mechanics' lien statement on multiple lots. New Horizon Homes, Inc. (developer) hired DayCo Concrete Company, Inc. (mechanic) to perform concrete, masonry, and foundation construction for a multifamily townhouse development in Woodbury. The mechanic was not paid for its labor and materials. When the mechanic attempted to foreclose its liens, several owners and mortgagees moved for summary...

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