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MARVIN LUMBER AND CEDAR CO. v. JOHNSON

No. Civ. 6-89-107.

733 F.Supp. 1302 (1990)

MARVIN LUMBER AND CEDAR COMPANY, a Minnesota corporation, Plaintiff, v. F. Neal JOHNSON, Defendant.

United States District Court, D. Minnesota, Third Division.

March 28, 1990.

Attorney(s) appearing for the Case

David P. Pearson and Eric J. Nystrom, Winthrop & Weinstine, St. Paul, Minn., for plaintiff.

David D. Himlie, Dederick & Himlie, P.A., Minneapolis, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, District Judge.

INTRODUCTION

In this diversity action for breach of contract and fraudulent and negligent misrepresentation arising out of a personal guarantee made to plaintiff by defendant, both plaintiff and defendant move for summary judgment. For the reasons stated below, plaintiff's motion for summary judgment is granted, and defendant's motion for summary judgment is denied.

BACKGROUND

Plaintiff...

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