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EDWARD KRAEMER & SONS v. ASHBACH CONST. CO.

No. C3-99-1592.

608 N.W.2d 559 (2000)

EDWARD KRAEMER & SONS, INC., a Wisconsin corporation, Appellant, v. ASHBACH CONSTRUCTION CO., Defendant, United Fire & Casualty Co., an Iowa corporation, Respondent.

Court of Appeals of Minnesota.

Review Denied June 13, 2000.

Attorney(s) appearing for the Case

Jane Everson Volz, Lakeville (for appellant).

David H. Gregerson, Mark J. Johnson, Lang, Pauly, Gregerson & Roscow, Ltd., Minneapolis (for respondent).

LuAnn M. Petricka, Luann M. Petricka, P.A., Minneapolis, for amicus curiae Minnesota Seeding Contractors Association, Inc.

Considered and decided by CRIPPEN, Presiding Judge, KLAPHAKE, Judge, SHUMAKER, Judge.

OPINION

SHUMAKER, Judge.

Appellant Edward Kraemer & Sons, Inc. was a materials supplier on two construction projects. When the general contractor failed to pay for the materials, appellant served notices of claims against the payment bonds provided by the surety, respondent United Fire & Casualty Co. Respondent denied the claims because the notices were untimely.

Appellant contended that the notice requirement did not apply because the general...

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