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AMCON BLOCK & PRECAST, INC. v. SUESS

No. A10-1149.

794 N.W.2d 386 (2011)

AMCON BLOCK & PRECAST, INC., Appellant, v. Michael Paul SUESS, Respondent.

Court of Appeals of Minnesota.

February 8, 2011.

Attorney(s) appearing for the Case

Gerald W. Von Korff , Rinke-Noonan, St. Cloud, MN, for appellant.

Daniel R. Kelly , Marnie E. Fearon , Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, MN, for respondent.

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

OPINION

HUDSON, Judge.

On appeal from summary judgment, appellant subcontractor challenges the district court's decision that respondent corporate principal cannot be held civilly liable for theft of the proceeds for contribution to an improvement to real estate under Minn.Stat. § 514.02, subd. 1a. Because the improvement was to commercial real estate, we conclude that respondent is not subject to civil liability under

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