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E.S.P., INC. v. MIDWAY NAT. BANK

No. C5-88-1940.

437 N.W.2d 71 (1989)

E.S.P., INC., Respondent, v. MIDWAY NATIONAL BANK OF ST. PAUL, defendant and third-party plaintiff, Appellant, v. FIRST BANK ROBBINSDALE, third-party defendant, Respondent.

Court of Appeals of Minnesota.

Review Granted April 24, 1989.

Attorney(s) appearing for the Case

Robert G. Share, Briggs and Morgan, Minneapolis, for E.S.P., Inc.

Robert W. Murnane, Paul B. Kilgore, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, for Midway Nat. Bank of St. Paul.

John C. Thomas, A. Reid Shaw, Teresa J. Rasmussen, Oppenheimer Wolff & Donnelly, Minneapolis, for First Bank Robbinsdale.

Heard, considered and decided by FOLEY, P.J., and FORSBERG and STONE, JJ.

OPINION

FOLEY, Judge.

This appeal is from a summary judgment granted to respondents E.S.P., Inc. and First Bank Robbinsdale on the basis that appellant Midway National Bank of St. Paul's breach of warranty claim under the Uniform Commercial Code, Minn.Stat. § 336.4-207 (1986) was barred by the statute of limitations found in Minn.Stat. § 541.05 (1986). We affirm.

FACTS

On February 3, 1981, Barr and Nelson, Inc. issued a check...

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