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enzmn., el.aswell & g3at /s <br />ATTORNEYS AT LAW <br />151a., WHITE OMAR AVE S., 4r. PAUL.. MINN4080TA 11,31CS <br />PHONC 774 -0731 <br />December 26, 1974 <br />Mr. Joseph Chlebeck <br />Clerk of Little Canada <br />515 Little Canada Road <br />Little Canada, Minnesota 55117 <br />Dear Joe: <br />DEC 27 1974 <br />LITT <br />RE: Northern Contract Company <br />1 received another call from Keith Simons, the attorney for <br />Northern Contract. He advised me that he had spoken to you about the <br />10% which Little Canada is holding back from Northern pending receipt <br />of proof -of- payment of all sub - contractors. I told Mr. Simons that <br />I'd write to you advising you that in my opinion we should not delay any <br />longer making the final payment to Northern because we'll be inviting <br />a lawsuit. Inasmuch as the sub - contractors have no dispute with us, <br />we have no obligation to settle whatever dispute they might have with <br />Northern. There will probably be a lawsuit against Northern by one of <br />the sub- contractors no matter that we do. I believe that itwould be <br />in the best interests of Little Canada for us to make every effort to <br />avoid becoming a party to litigation and this can best be accomplished <br />by settling in full with Northern at this time. <br />If you have any questions about this, please do not hesitate <br />to call me. Also, please do not construe this advice to be mandatory in <br />nature. I am merely suggesting what I feel to be the best direction for <br />the City to take. If you feel strongly that my advice is not in the <br />best interests, I will not object or interfere with your judgment. <br />Yours very truly, <br />MEMMER, CASWELL & PARKS <br />Clayton Parks, Jr. <br />CPJr:po <br />