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JOHN DAVID CONTRACTING, INC. v. BROZEK

No. C8-95-560.

535 N.W.2d 397 (1995)

JOHN DAVID CONTRACTING, INC., Respondent, v. Peter M. BROZEK, et al., Appellants.

Court of Appeals of Minnesota.

August 8, 1995.

Attorney(s) appearing for the Case

Seldon H. Caswell, Caswell & Associates, P.A., Oakdale, for appellants.

John J. Todd, Brenner & Glassman, Ltd., Minneapolis, for respondent.

Considered and decided by KALITOWSKI, P.J., TOUSSAINT, C.J., and CRIPPEN, J.

OPINION

KALITOWSKI, Judge.

Appellants Peter and Dubravka Brozek contend the district court erred in finding their construction contract with respondent John David Contracting was an open end credit plan under Minn.Stat. § 334.16(1)(b) (1992) thereby entitling respondent to charge more than the maximum interest rate allowed by Minn.Stat. § 334.01.

FACTS

In May 1992, appellants entered into a contract with respondent to do construction...

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