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BROWN v. GRANT HOLDING, LLC

No. CIV04-1474(PAM/RLE).

394 F.Supp.2d 1090 (2005)

Susan BROWN, Plaintiff, v. GRANT HOLDING, LLC, Cutler Mortgage Company, Hendrie Cutler Grant, individually, Douglas Grimm, individually, and Nathan Shaw, individually, Defendants.

United States District Court, D. Minnesota.

August 2, 2005.

Attorney(s) appearing for the Case

Daniel L. Grimsrud, Nancy J. Krutsch, Jeremy C. Vest, Sarah Crippen Madison, Best & Flanagan LLP, Daniel R. Tyson, David P. Graham, Oppenheimer Wolff & Donnelly LLP, Minneapolis, MN, for Plaintiff.

Charles J. Welter, John G. Westrick, Kristine M. Spiegelberg, Westrick & McDowall-Nix, PLLP, Joseph M. Capistrant, Patrick T. Skelly, Skelly & Capistrant, PA, St. Paul, MN, Randall D.B. Tigue, Tigue Law Office, Richard A. Lind, Lind Jensen Sullivan & Peterson, PA, Minneapolis, MN, for Defendants.

MEMORANDUM AND ORDER

MAGNUSON, District Judge.

This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment. For the reasons that follow, the Motion is granted in part and denied in part.

BACKGROUND

A. Plaintiff and the Property

In 1979, Plaintiff Susan Brown purchased a single family home located at 4034 42nd Avenue South in Minneapolis, Minnesota ("Property"). In 1999, Brown

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