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SIEMENS BLDG. v. PEAK MECHANICAL

No. A04-131.

684 N.W.2d 914 (2004)

SIEMENS BUILDING TECHNOLOGIES, INC., a Delaware corporation, Respondent, v. PEAK MECHANICAL, INC., Defendant, Associated Bank Minnesota, N.A., a banking corporation, Appellant.

Court of Appeals of Minnesota.

August 10, 2004.

Attorney(s) appearing for the Case

William M. Hennessey, Wagner, Falconer & Judd, Ltd., Minneapolis, MN, for respondent.

Andrew D. Parker, John W. Munger, Smith Parker P.L.L.P., Minneapolis, MN, for appellant.

Considered and decided by STONEBURNER, Presiding Judge; TOUSSAINT, Chief Judge; and PARKER, Judge.

OPINION

PARKER, Judge.*

In this action brought under Minn.Stat. § 514.02 (2002) of the mechanics' lien statute, appellant Associated Bank Minnesota, N.A. (bank), appeals from the district court's summary judgment in favor of respondent Siemens Building Technologies, Inc. (Siemens). Siemens sought to recover monies paid to defendant Peak Mechanical, Inc. (Peak), from the foreclosure of a mechanics' lien. The bank had a prior...

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