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KIRKWOLD CONST. v. M.G.A. CONST.

Nos. C1-92-1227, C5-92-1764.

513 N.W.2d 241 (1994)

KIRKWOLD CONSTRUCTION COMPANY, Respondent (C1-92-1227), v. M.G.A. CONSTRUCTION, INC., et al., Defendants, Minnesota Valley Surveyors, Inc., Respondent (C1-92-1227), Ulteig Engineers, Inc., Respondent (C1-92-1227), Turner Excavating Company, Respondent, Appellant, Miller and Schroeder Investments, Corporation, Petitioner, Appellant, Cherrier Land Surveyors, Inc., Respondent (C1-92-1227), Specialty Systems, Inc., Respondent (C1-92-1227), and MINNESOTA VALLEY SURVEYORS, INC., Respondent (C1-92-1227), v. HOLIDAY STATIONSTORES, INC., et al., Petitioners, Appellants, Duckwood Crossings, Inc., et al., Defendants, Ulteig Engineers, Inc., Respondent (C1-92-1227), Turner Excavating Company, Respondent, and ULTEIG ENGINEERS, INC., third-party plaintiff, Respondent (C1-92-1227), v. M.G. ASTLEFORD COMPANY, INC., et al., Third-Party Defendants.

Supreme Court of Minnesota.

March 11, 1994.

Attorney(s) appearing for the Case

Bradley N. Beisel, Scholle & Beisel, Minneapolis, for appellants.

James D. Hoeft, Barna, Guzy & Steffen, Ltd., Coon Rapids, for Cherrier Land Surveyors, Inc.

Loren E. Gross, Minneapolis, for Turner Excavating Co.

Jack Neveaux and Louis B. Oberhauser, Oberhauser & Neveaux, P.A., Wayzata, for Specialty Systems, Inc.

Dennis P. Moriarty, Jaspers, Moriarty & Walburg, P.A., Shakopee, for Kirkwold Const.

William Clelland, Carson & Clelland, Minneapolis, for Ulteig Engineers, Inc.

Clinton McLagan, St. Paul, for MN Valley Surveyors.

James T. Swenson, Mackall, Crounse & Moore, Minneapolis, for MN Land Title Assoc. and Mortg. Bankers Assoc. of MN, amicus curiae.

Kathleen O'Connor, St. Paul, for MN Soc. of Professional Engineers, amicus curiae.

OPINION

KEITH, Chief Justice.

The question to be decided in this case is whether the services performed by engineers and surveyors are entitled to lien priority under Minn.Stat. § 514.05 even though the interest of a purchaser in good faith and a mortgagee were recorded prior to the actual and visual beginning of the improvement on the ground. We affirm the Court of Appeals.

Charles B. Faegre, in early 1989, formed a wholly owned corporation...

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