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RESOLUTION TRUST v. INDEPENDENT MORTG.

Nos. C1-93-2243, C1-93-2274.

519 N.W.2d 478 (1994)

RESOLUTION TRUST CORPORATION, Respondent, v. INDEPENDENT MORTGAGE SERVICES, INC., Respondent (C1-93-2243), Appellant (C1-93-2274), Brookside Professional Buildings Association, Appellant (C1-93-2243), Respondent (C1-93-2274), Russell James Johnson, et al., Defendants.

Court of Appeals of Minnesota.

Review Denied September 28, 1994.

Attorney(s) appearing for the Case

Thomas C. Racette, Reinhardt & Anderson, St. Paul, for Brookside Professional Bldgs. Assoc., appellant (C1-93-2243), respondent (C1-93-2274).

Michael A. Putnam, J. Michael Schwartz, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for Resolution Trust Corp.

Kevin W. Rouse, Minneapolis, for Independent Mortg. Services, Inc., respondent (C1-93-2243), appellant (C1-93-2274).

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

OPINION

HARVEY A. HOLTAN, Judge.*

This appeal arises from a "paper trial," involving the foreclosure of a mortgage originally held by Duval Federal Savings & Loan. The parties agreed that the determinative issue before the trial court was the validity of a note, mortgage, and assignment executed by Independent Mortgage Services.

Both parties moved for summary judgment, but the matter proceeded as a bench trial, based...

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