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T.E.S. CONST., INC. v. CHICILO

No. A09-1822.

784 N.W.2d 392 (2010)

T.E.S. CONSTRUCTION, INC., Respondent, v. Stephen J. CHICILO, Appellant.

Court of Appeals of Minnesota.

June 29, 2010.

Attorney(s) appearing for the Case

Glen F. Meyer, Meyer Law Office, Rockford, MN, for respondent.

James C. Whelpley, James Whelpley & Associates, Chartered, Roseville, MN, for appellant.

Considered and decided by HUDSON, Presiding Judge; SCHELLHAS, Judge; and MUEHLBERG, Judge.

OPINION

HUDSON, Judge.

Appellant challenges the district court's conclusion that he violated Minn.Stat. § 514.02, subd. 1. Appellant argues that section 514.02 is inapplicable because (1) he has not been criminally convicted of theft of the proceeds of payments received for contributions to an improvement to real estate in connection with Minn.Stat. § 514.01 (2008); (2) the statute is designed to protect a landowner; and (3) he did not misappropriate...

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