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BARNES TRUCK. SERV. v. HASSLEN CONST. CO.

No. 44744.

227 N.W.2d 563 (1975)

BARNES TRUCKING SERVICE, INC., Appellant, v. HASSLEN CONSTRUCTION COMPANY, Respondent, Modular Structures, Inc., Defendant, Park Plaza State Bank of St. Louis Park, Respondent.

Supreme Court of Minnesota.

March 14, 1975.

Attorney(s) appearing for the Case

Rice, Evans & Christensen, and Robert Rice, Pipestone, for appellant.

Robert R. Pflueger, Ortonville, for Hasslen Const. Co.

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman, Jerome S. Rice and Frederick E. Finch, Minneapolis, for Park Plaza.

Heard before OTIS, MacLAUGHLIN, and KNUTSON, JJ., and considered and decided by the court en banc.

KNUTSON, Justice.*

This is an appeal from a judgment dismissing the cause of action of plaintiff, Barnes Trucking Service, Inc. (hereinafter Barnes).

This action, like the two actions consolidated and presented under the title of Park Plaza State Bank v. CWS Development Co., Minn., 227 N.W.2d 560, filed herewith, is an outgrowth of an unperformed subcontract of a bankrupt, Modular Structures...

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