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GERDIN v. PRINCETON STATE BANK

No. C7-87-861.

414 N.W.2d 765 (1987)

Wilford Henry GERDIN, Appellant, v. PRINCETON STATE BANK, Louis L. Hoffman, et al., United States of America, State of Minnesota, Sheriff of Sherburne County, Gerdin Transfer, Inc., Respondents.

Court of Appeals of Minnesota.

November 3, 1987.

Attorney(s) appearing for the Case

David D. Meyer, Muir, Meyer, Simmons & Costello, Lakefield, William S. Rosen, Mark J. Kiperstin, St. Paul, for Wilford Henry Gerdin.

Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for Princeton State Bank.

Phillip A. Cole, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for Louis L. Hoffman, et al.

Carol B. Swanson, Asst. U.S. Atty., Minneapolis, for U.S.

Neil F. Scott, Asst. Atty. Gen., St. Paul, for State of Minn.

Sheriff of Sherburne County, pro se.

Gerdin Transfer, Inc., pro se.

Heard, considered and decided by POPOVICH, C.J., and RANDALL and STONE, JJ.

OPINION

STONE, Judge.

A judgment granting recision of a sale and awarding damages, but not attorney fees, is appealed.

Appellant argues the district court improperly refused to hold a trial on the merits of his claim. Appellant further alleges that the court failed to restore him to his pre-sale position when it refused to award him his attorney fees.

Appellant seeks a remand for trial and an award of attorney fees as a matter of law, subject...

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