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EISCHEN CABINET CO. v. HILDEBRANDT

No. A03-358.

683 N.W.2d 813 (2004)

EISCHEN CABINET COMPANY, Appellant, v. John O. HILDEBRANDT, et al., Respondents, Hampton Bank, n/k/a Merchants Bank, N.A., Defendant, Ameriquest Mortgage Company, Respondent.

Supreme Court of Minnesota.

July 29, 2004.

Attorney(s) appearing for the Case

George L. May, Terence Garner O'Brien, May & O'Brien Law Offices, Hastings, for Appellant.

Michael J. O'Loughlin, Michael J. O'Loughlin & Associates, Minneapolis, for Respondent, John O. Hildebrandt.

Scott Evan Stevens, Dorsey & Whitney, LLP, Minneapolis, for Respondent, Ameriquest Mortgage Co.

Heard, considered and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Justice.

A mechanics' lien ceases 120 days after the last work is completed unless the mechanic files a claim statement with the county recorder's office and serves upon the property owner, either personally or by certified mail, a copy of the claim statement. Minn.Stat. § 514.08, subd. 1 (2002). In this case, we are asked whether service by certified mail of a copy of a mechanics' lien claim statement upon the property...

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