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STATE OF MINNESOTA IN COURT OF APPEALS A09-1822 T. E. S. Construction, Inc., Respondent, vs. Stephen J. Chicilo, Appellant. Filed June 29, 2010 Affirmed Hudson, Judge Washington County District Court File No. 82-CV-08-2595 Glen F. Meyer, Meyer Law Office, Rockford, Minnesota (for respondent) James C. Whelpley, James Whelpley & Associates, Chartered, Roseville, Minnesota (for appellant) Considered and decided by Hudson, Presiding Judge; Schellhas, Judge; and Muehlberg, Judge. SYLLABUS For a person to be a defendant in a civil action for theft of the proceeds received for contribution to an improvement to real estate under Minn. Stat.

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