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INDEPENDENT SCHOOL DISTRICT NO. 24 v. WEINMANN

Nos. 36,389, 36,392.

243 Minn. 469 (1955)

INDEPENDENT SCHOOL DISTRICT NO. 24 v. OREN M. WEINMANN, d.b.a. WEINMANN PLUMBING & HEATING COMPANY, AND ANOTHER. ST. PAUL-MERCURY INDEMNITY COMPANY, APPELLANT-RESPONDENT.

Supreme Court of Minnesota.

January 21, 1955.

Attorney(s) appearing for the Case

Geo. N. Guttmann and Justin D. Halpern, for respondent-appellant Weinmann.

Meagher, Geer, Markham & Anderson, O.C. Adamson II, and David W. Nord, for appellant-respondent St. Paul-Mercury Indemnity Company.

Byron W. McCullagh, for respondent Independent School District No. 24.

CHRISTIANSON, JUSTICE.

Action was brought by plaintiff, as obligee, on a contractor's bid bond executed by defendants, Oren M. Weinmann, as principal, and St. Paul-Mercury Indemnity Company, as surety. Plaintiff's initial motion to strike defendants' answers as sham and frivolous was denied by the court. Thereafter plaintiff moved for summary judgment against both defendants and its motion was granted. Defendant St. Paul-Mercury Indemnity Company, hereinafter referred...

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