LANGFORD TOOL v. PHENIX BIOCOMPOSITES

No. C2-02-2146.

668 N.W.2d 438 (2003)

LANGFORD TOOL & DRILL CO., d/b/a Mason-Cutters, Plaintiff, v. PHENIX BIOCOMPOSITES, LLC, et al., Defendants, Cooperative Centrale Raiffeissen-Boerenleenbank & Rabobank Nederland, et al., Respondents, O'Rourke Electric, Inc., et al., Appellants, and PBL Investments, LLP, Appellant, v. Phenix Manufacturing Co., Inc., et al., Third-Party Defendants.

Court of Appeals of Minnesota.

September 9, 2003.


Attorney(s) appearing for the Case

Kenneth R. White, Law Office of Kenneth R. White, P.C., Mankato, MN, for appellants O'Rourke Electric Inc., O'Rourke Electric of Faribault Inc., Schwickert, Inc., Schwickert Company and PBL Investments, LLP.

Bradley N. Beisel, Hoeschler & Beisel, Minneapolis, MN, for respondents Rabobank and Dougherty.

Considered and decided by SCHUMACHER, Presiding Judge, RANDALL, Judge, and KALITOWSKI, Judge.


OPINION

RANDALL, Judge.

On appeal from the district court's order granting respondent's mortgage priority over appellant's mechanic's lien, appellant argues (1) the project was not abandoned in April 1997, thus giving appellant's mechanic's lien priority; (2) appellant did not release its liens by signing the sworn construction statement; and (3) a new trial is warranted because the district court improperly admitted and relied on hearsay evidence. Respondents...

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