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MINNESOTA VOYAGEUR v. LAS VEGAS MARINE

No. A04-866.

708 N.W.2d 521 (2006)

MINNESOTA VOYAGEUR HOUSEBOATS, INC., Respondent, v. LAS VEGAS MARINE SUPPLY, INC., a Nevada corporation, et al., Appellants, Northern National Bank, n/k/a Wells Fargo Bank, Respondent.

Supreme Court of Minnesota.

January 26, 2006.

Attorney(s) appearing for the Case

Shannon M. O'Toole, St. Paul, MN, for appellants Las Vegas Marine Supply, Inc., et al.

Joseph V. Ferguson, Paul W. Wojciak, Johnson, Killen & Seiler, PA, Duluth, MN, for respondent Northern National Bank.

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

OPINION

MEYER, Justice.

The question before this court is whether, upon receiving service of a garnishment summons from a judgment-creditor, a bank can exercise a contractual right to set off against money that a borrower had on deposit with the bank. The district court granted summary judgment to the judgment-creditor, concluding the bank had improperly exercised its setoff right. The bank appealed, and the court of appeals reversed the district court's...

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