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LOVING & ASSOCIATES, INC. v. CAROTHERS

No. C6-00-718.

619 N.W.2d 782 (2000)

LOVING & ASSOCIATES, INC., Appellant, v. Gibson CAROTHERS, Respondent.

Court of Appeals of Minnesota.

December 5, 2000.

Attorney(s) appearing for the Case

Christopher S. Hayhoe, Michael R. Schechter, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, for appellant.

Thomas J. Flynn, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for respondent.

Considered and decided by KLAPHAKE, Presiding Judge, LANSING, Judge, and SCHUMACHER, Judge.

OPINION

LANSING, Judge.

Loving & Associates, Inc., sued Gibson Carothers to enforce a personal guaranty he issued to Loving to secure a line of credit to Lake Street Shirts, Inc. The district court granted Carothers summary judgment on Loving's claims, reasoning that the 1992 merger of Lake Street Shirts, Inc., and Stafford Blaine Designs, Ltd., discharged Carothers's obligations under the guaranty by operation of law. Because we conclude that a merger...

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