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TRAVERTINE CORP. v. LEXINGTON-SILVERWOOD

No. A03-210.

683 N.W.2d 267 (2004)

TRAVERTINE CORPORATION, Appellant, v. LEXINGTON-SILVERWOOD, a Minnesota Limited Partnership, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 22, 2004.

Attorney(s) appearing for the Case

Donald R. McNeil (# 200840), Steven F. Buterin (# 248642), Coleman, Hull & Van Vliet, PLLP, Minneapolis, MN, for Travertine Corporation.

Curtis D. Smith (# 102313), Peter A. Koller (# 150459), Moss & Barnett, Minneapolis, MN, for Lexington-Silverwood.

Heard, considered, and decided by the court en banc.

OPINION

ANDERSON, RUSSELL A., Justice.

We are asked to determine whether a nonassignment clause precludes assignment of the right to payment under a contract if the clause does not explicitly limit, beyond the express nonassignment terms contained in that clause, the power of assignment, or provide that any purported assignment shall be invalid or void. We hold that such a nonassignment clause does preclude assignment, and therefore reverse the court of...

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