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05-28-2003 Council Agenda
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05-28-2003 Council Agenda
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STATE OF MINNESOTA <br />COUNTY OF RA NOSEY <br />Great Western Corporation, <br />A Minnesota corporation, <br />VS. <br />City of Little Canada, <br />A Minnesota municipality, <br />Plaintiff, <br />Defendant, <br />x-70 3 <br />05- H-2003 RCVD <br />DISTRICT COURT <br />SECOND JUDICIAL DISTRICT <br />File No. C8 -01 -11855 <br />FINDINGS OF FACT, <br />CONCLUSIONS OF LAW, <br />AND ORDER FOR JUDGMENT <br />The above - entitled matter came on for Court Trial on the 21s` day of April, 2003, <br />before the Honorable John' T. Finley. Parties submitted their Proposed Findings of Fact <br />and Conclusions of Law to the Court on May 1, 2003. <br />Dale G. Swanson, Esq., appeared by and on behalf of the Plaintiff Great Western <br />Corporation and John E. Hennen, Esq., appeared by and on behalf of Defendant City of <br />Little Canada. <br />Based upon all the files, records, and proceedings herein, including testimony and <br />exhibits admitted at trial, the Court makes the following: <br />FINDINGS OF FACT <br />1. There was a contract between the parties in which the Plaintiff was to perform <br />a certain public works project for the Defendant City of Little Canada. <br />2. Pursuant to Plaintiff pay request No. 3 to the contract price was $97,140.00. <br />See Exhibit No. 40. <br />1 -4- <br />
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