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MERCHANTS & MINERS STATE BANK v. SPAL ENT.

No. C7-86-333.

391 N.W.2d 20 (1986)

MERCHANTS AND MINERS STATE BANK, Respondent, v. SPAL ENTERPRISE, a partnership, Michael A. Salminen, Appellant, Richard F. Spearman, Respondent, Audrey Lorraine Salminen, Respondent.

Court of Appeals of Minnesota.

Review Denied September 22, 1986.

Attorney(s) appearing for the Case

David T. Stall, Virginia, for respondent Merchants and Miners State Bank.

Conrad M. Fredin, Duluth, for appellant.

Richard E. Prebich, Abate, Wivoda, Clark & Prebich, Hibbing, for respondent Richard F. Spearman.

Jack Fena, Hibbing, for respondent Audrey Lorraine Salminen.

Considered and decided by FORSBERG, P.J., and FOLEY and SEDGWICK, JJ., with oral argument waived.

OPINION

FORSBERG, Judge.

Merchants and Miners State Bank began a mortgage foreclosure against Spal Enterprise after Spal defaulted on its mortgage on Hibbing General Hospital. After the time limit for filing a cross-motion had passed, Michael Salminen moved the court for leave to file a cross-claim against his former spouse, Audrey Salminen, and his partner, Richard F. Spearman. The court denied his claim as untimely and not mandatory. On April 17, 1985...

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