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PETERSON v. JOHNSON

No. A05-1450.

720 N.W.2d 833 (2006)

Darrell T. PETERSON, Respondent, v. Arthur B. JOHNSON, et al., defendants and third party plaintiffs, Appellants, All heirs and devisees of any of the above named persons who are deceased, et al., Defendants, v. Lake State Federal Credit Union, f/k/a Moose Lake Federal Credit Union, et al., Third Party Defendants.

Court of Appeals of Minnesota.

August 8, 2006.

Attorney(s) appearing for the Case

William T. Helwig, John M. Gassert, Rudy Gassert, Yetka & Pritchett, Cloquet, MN, for respondent.

Gary A. Van Cleve, Molly McKee, Larkin Hoffman Daly & Lindgren Ltd., Minneapolis, MN, for appellant.

Considered and decided by TOUSSAINT, Chief Judge; PETERSON, Judge; and MINGE, Judge.

OPINION

TOUSSAINT, Chief Judge.

Appellants Arthur B. Johnson and Mary Ann Johnson argue that the district court erred in failing to rule that respondent Darrell T. Peterson's claim that the transaction between the parties constitutes an equitable mortgage is time barred and in granting summary judgment on the claims. Peterson argues that the district court erred by failing to recalculate the balance and interest due on the mortgage. The Johnsons moved to...

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