WESTBROOK ST. BK. v. ANDERSON LAND CATTLE, 364 N.W.2d 416 (Minn.App. 1985)

WESTBROOK STATE BANK, Respondent, v. ANDERSON LAND AND CATTLE COMPANY, et al., Defendants, Northwestern State Bank of Tracy, Respondent, SL C Partnership, Appellant, County of Cottonwood, Respondent. No. C8-84-1518.Minnesota Court of Appeals. March 5, 1985. Appeal from the District Court, Cottonwood County, Harvey A. Holtan, J. Page 417 Syllabus by the Court 1. The trial […]

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IN RE BROOKMAN v. BROOKMAN, C4-99-2086 (Minn.App. 8-1-2000)

In re the Marriage of: John M. Brookman, petitioner, Appellant, vs. Blyth J. Berg Brookman, Respondent. No. C4-99-2086.Minnesota Court of Appeals. Filed August 1, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]

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STATE v. ANDERSON, 520 N.W.2d 184 (Minn.App. 1994)

STATE of Minnesota, Respondent, v. Byron K. ANDERSON, Appellant. No. C9-94-282.Minnesota Court of Appeals. August 16, 1994. Appeal from the District Court, Stearns County, Elizabeth A. Hayden, J. Page 185 Syllabus by the Court 1. It was within the trial court’s discretion to impose permissive consecutive sentences under the sentencing guidelines. Section II.F. of the […]

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THORESON v. YELLOW TAXI SERVICE CORPORATION, A04-819 (Minn.App. 2-1-2005)

Lois K. Thoreson, Relator, v. Yellow Taxi Service Corporation, Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-819.Minnesota Court of Appeals. Filed February 1, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § […]

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IN RE DISCIPLINARY ACTION AGAINST DEVAUGHN, 722 N.W.2d 927 (Minn. 2006)

In re Petition for DISCIPLINARY ACTION AGAINST Donald L. DeVAUGHN, a Minnesota Attorney, Registration No. 22391. No. A06-71.Supreme Court of Minnesota. October 25, 2006. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Donald L. DeVaughn has committed professional misconduct warranting public discipline, namely, […]

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STATE v. O’MEARA, A04-2140 (Minn.App. 12-27-2005)

State of Minnesota, Respondent, v. Timothy John O’Meara, Appellant. No. A04-2140.Minnesota Court of Appeals. Filed December 27, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]

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HAUKLAND v. PETERSON, 396 N.W.2d 79 (Minn.App. 1986)

Catherine A. HAUKLAND, et al., Respondents, v. Jeffrey PETERSON, Appellant. No. C1-86-1073.Minnesota Court of Appeals. November 18, 1986. Review Denied January 16, 1987. Appeal from the Municipal Court, Ramsey County, William Fleming, J. Syllabus by the Court The trial court did not abuse its discretion in vacating a satisfied conciliation court judgment under Minn.R.Civ.P. 60.02(6). […]

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IN RE DISCIPLINARY ACTION AGAINST McNABB, 549 N.W.2d 626 (Minn. 1996)

In re Petition for DISCIPLINARY ACTION AGAINST Gerald McNABB, an Attorney at Law of the State of Minnesota. No. C6-95-2632.Supreme Court of Minnesota. July 3, 1996. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Gerald McNabb committed unprofessional conduct, namely client neglect […]

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FRANKLIN v. HENNEPIN COUNTY, 486 N.W.2d 452 (Minn.App. 1992)

William FRANKLIN, Appellant, v. HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS, as Trustee for the State of Minnesota, Respondent. No. C2-91-2182.Minnesota Court of Appeals. June 9, 1992. Review Denied August 4, 1992. Appeal from the District Court, Hennepin County, William B. Christensen, J. Page 453 Syllabus by the Court 1. Notice of expiration […]

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STATE v. ROMINE, 757 N.W.2d 884 (Minn.App. 2008)

STATE of Minnesota, Respondent, v. Jeffrey Jack ROMINE, Appellant. No. A07-1244.Minnesota Court of Appeals. December 9, 2008. Appeal from the Court of Appeals, Johnson, J. Page 885 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 886 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

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STATE v. DUNDAS, A03-2 (Minn.App. 8-12-2003)

State of Minnesota, Appellant, v. Kimber Casey Dundas, Respondent. No. A03-2.Minnesota Court of Appeals. Filed August 12, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]

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STATE v. LINZY, 279 Minn. 154 (1968)

156 N.W.2d 92 STATE v. CHARLES HENRY LINZY. No. 40,623.Supreme Court of Minnesota. January 19, 1968. Criminal law — trial — jurors seeing defendant in handcuffs — propriety of denying motion for mistrial. 1. The failure of the trial court to declare a mistrial in a criminal case when advised that defendant had been observed […]

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IN MATTER OF THE ESTATE OF LESLIE, A09-2293 (Minn.App. 9-14-2010)

In the Matter of the Estate of: Michael J. Leslie, a/k/a Michael James Leslie, Deceased. No. A09-2293.Minnesota Court of Appeals. Filed September 14, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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IN MATTER OF B. L. P., A09-2070 (Minn.App. 5-11-2010)

In the Matter of the Welfare of the Children of: B. L. P., Parent. No. A09-2070.Minnesota Court of Appeals. Filed May 11, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]

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CUNNINGHAM v. STATE, DEPT. OF PUBLIC SAFETY, 305 Minn. 502 (1975)

231 N.W.2d 558 JUDITH CUNNINGHAM v. STATE, DEPARTMENT OF PUBLIC SAFETY. No. 45328.Supreme Court of Minnesota. July 25, 1975. Workmen’s compensation — review — finding of causal relation between work and heart attack. Certiorari upon the relation of the State of Minnesota, Department of Public Safety, a self-insured employer, to review a decision of the […]

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GANDER v. BARSIC, C1-01-510 (Minn.App. 1-2-2002)

James L. Gander, petitioner, Respondent, vs. Connie Koebke Barsic, f/k/a Connie Gander, Appellant. No. C1-01-510.Minnesota Court of Appeals. Filed January 2, 2002 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). […]

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IN MATTER OF THE WELFARE OF M.L.H., C8-97-1728 (Minn.App. 5-12-1998)

In the Matter of the Welfare of: M.L.H., Child. No. C8-97-1728.Minnesota Court of Appeals. Filed May 12, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]

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IN RE DELL v. GAUGHAN, C6-99-632 (Minn.App. 8-31-1999)

In Re the Matter of: Kathleen Marie Dell, petitioner, Respondent, v. Timothy Lawrence Gaughan, Appellant. No. C6-99-632.Minnesota Court of Appeals. Filed August 31, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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MacLAREN v. WOLD, 172 Minn. 334 (1927)

215 N.W. 428 C.D. MacLAREN AND ANOTHER v. SIGVARD WOLD.[1] No. 25,240.Supreme Court of Minnesota. September 30, 1927. [1] Reported in 215 N.W. 428. Stock of co-operative association in excess of $100,000 invalid. Upon reargument it is held that the stock of the Goodhue company issued in excess of $100,000 was invalid; that the defendant […]

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ROEHRDANZ v. ROEHRDANZ, 438 N.W.2d 687 (Minn.App. 1989)

In re the Matter of Barbro K. ROEHRDANZ, petitioner, Respondent, v. George M. ROEHRDANZ, Appellant. No. C4-88-2626.Minnesota Court of Appeals. April 25, 1989. Review Denied June 21, 1989. Appeal from the District Court, Hennepin County, Mary D. Winter, J. Page 688 Syllabus by the Court The trial court did not err in denying an evidentiary […]

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WIECZOREK v. CSK AUTO INC., A09-1318 (Minn.App. 6-22-2010)

Steven Wieczorek, Relator, v. CSK Auto Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A09-1318.Minnesota Court of Appeals. Filed June 22, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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STATE v. ANDERSON, A04-1074 (Minn.App. 7-26-2005)

State of Minnesota, Respondent, v. Sean Patrick Anderson, Appellant. No. A04-1074.Minnesota Court of Appeals. Filed July 26, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the Pine […]

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MATTER OF MILTONA STATE BANK, 414 N.W.2d 794 (Minn.App. 1987)

In the Matter of the Application by MILTONA STATE BANK, Miltona, for Establishment of a Detached Facility in Long Prairie, Minnesota. No. CX-87-1213.Minnesota Court of Appeals. November 10, 1987. Review Denied January 20, 1988. Syllabus by the Court The Commissioner of Commerce exceeded his statutory authority when he used the emergency powers of Minn.Stat. § […]

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FULSOM v. EGNER, 248 Minn. 156 (1956)

79 N.W.2d 25 LYLE FULSOM AND ANOTHER v. RUSSELL T. EGNER, WHOSE TRUE NAME IS RUSSELL F. EGNER. No. 36,939.Supreme Court of Minnesota. October 19, 1956. Appeal and error — review — verdict. 1. A verdict must be accepted as final by both the trial court and the supreme court if it has reasonable support […]

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IN RE DISCIPLINARY ACTION AGAINST HAUGEN, 543 N.W.2d 372 (Minn. 1996)

In re Petition for DISCIPLINARY ACTION AGAINST Marlon O. HAUGEN, an Attorney at Law of the State of Minnesota. No. C6-85-1544.Supreme Court of Minnesota. February 16, 1996. Page 373 Syllabus by the Court Respondent’s misconduct warrants indefinite suspension from the practice of law. Kenneth L. Jorgensen, St. Paul, for appellant. George R. Ramier, Minneapolis, for […]

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STATE BANK OF LORETTO v. DIXON, 214 Minn. 39 (1943)

7 N.W.2d 351 STATE BANK OF LORETTO v. ROBERT J. DIXON AND OTHERS.[1] No. 33,159.Supreme Court of Minnesota. January 2, 1943. [1] Reported in 7 N.W.2d 351. Chattel mortgage — description of real estate in crop mortgage — sufficiency. 1. A description of real estate in a crop mortgage is sufficient if it is such […]

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ETZLER v. MONDALE, 266 Minn. 353 (1963)

123 N.W.2d 603 ANNA HELD ETZLER v. WALTER F. MONDALE, ATTORNEY GENERAL, AND ANOTHER. No. 38,745.Supreme Court of Minnesota. August 30, 1963. Dedication — plat of addition to municipality — title to park area — effect of vacation. 1. Under Minn. St. 505.01 dedicator of plat as an addition to municipality retains fee title to […]

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STATE v. HAMILTON, A03-1294 (Minn.App. 8-3-2004)

State of Minnesota, Respondent, v. Mark Anthony Hamilton, Appellant. No. A03-1294.Minnesota Court of Appeals. Filed August 3, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]

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STATE v. BORST, 278 Minn. 388 (1967)

154 N.W.2d 888 STATE v. GEORGE A. BORST. No. 40,967.Supreme Court of Minnesota. December 1, 1967. Criminal law — misdemeanor prosecution — right of indigent accused to counsel. In the trial of a charge defined as a misdemeanor, where the court may impose a sentence involving incarceration in a penal institution or jail, a defendant […]

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TROYER v. VERTLU MANAGEMENT COMPANY, A10-1930 (Minn. 8-17-2011)

Ronald E. Troyer, Employee, v. Vertlu Management Company/Kok Lundberg Funeral Homes, and State Auto Insurance Company Relators, and HealthEast Care System, Respondent. No. A10-1930.Supreme Court of Minnesota. Filed: August 17, 2011. Appeal from the Workers’ Compensation Court of Appeals . Robin Simpson, Radd Kulseth, Aafedt, Forde, Gray, Monson Hagar, P.A., Minneapolis, Minnesota, for relators. Todd […]

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WRIGHT v. AVENSON, 178 Minn. 415 (1929)

227 N.W. 357 JEROME G. WRIGHT v. JACOB C. AVENSON AND ANOTHER.[1] No. 27,433.Supreme Court of Minnesota. November 8, 1929. [1] Reported in 227 N.W. 357. Settled case or bill of exceptions necessary for review of evidence in court case. After trial to the court and on appeal from the judgment without settled case or […]

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STATE v. ANDRADE, A06-797 (Minn.App. 6-5-2007)

State of Minnesota, Respondent, v. Sergio Robert Andrade, Appellant. No. A06-797.Minnesota Court of Appeals. Filed June 5, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]

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STATE BANK OF COLOGNE v. SCHRUPP, 408 N.W.2d 686 (Minn.App. 1987)

STATE BANK OF COLOGNE, Appellant, v. Selma SCHRUPP, Respondent. No. C3-86-1804.Minnesota Court of Appeals. June 30, 1987. Appeal from the District Court, Carver County, John J. Daley, J. Page 687 Syllabus by the Court Trial court acted within its discretion in finding the jury verdict supported by the evidence and consistent with law. Trial court […]

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STATE v. CAPERTON, A03-71 (Minn.App. 9-23-2003)

State of Minnesota, Respondent, v. Jeffrey Dean Caperton, Appellant. No. A03-71.Minnesota Court of Appeals. Filed: September 23, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]

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ERICKSON v. SORGERT, C4-00-1818 (Minn.App. 4-3-2001)

Vicki Erickson, Respondent, v. Richard Reinhold Sorgert, Appellant. No. C4-00-1818.Minnesota Court of Appeals. Filed April 3, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District Court, […]

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IN RE MARRIAGE OF LAKIN v. LAKIN, C6-98-359 (Minn.App. 10-6-1998)

IN RE THE MARRIAGE OF: KATHERINE MARY LAKIN, petitioner, Respondent, v. MARTIN RAY LAKIN, Appellant, DAKOTA COUNTY SUPPORT AND COLLECTIONS, Respondent. No. C6-98-359.Minnesota Court of Appeals. Filed October 6, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided […]

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IN RE ESTATE OF HOLMSTROM, 208 Minn. 19 (1940)

292 N.W. 622 IN RE ESTATE OF ALRICK HOLMSTROM. FRED LIND v. FRED W. MOILAN AND OTHERS.[1] No. 32,278.Supreme Court of Minnesota. June 14, 1940. [1] Reported in 292 N.W. 622. Will — testamentary capacity. 1. A testator has testamentary capacity if, at the time of making the will, he comprehends his relation to those […]

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RURAL AMERICAN BANK v. HERICKHOFF, 473 N.W.2d 361 (Minn.App. 1991)

RURAL AMERICAN BANK OF GREENWALD, Respondent, v. Ben HERICKHOFF, Appellant, Anna Herickhoff, et al., Defendants. Ben HERICKHOFF, defendant and third party plaintiff, Appellant, v. Mark HERICKHOFF, third party defendant, Appellant. No. CX-90-2341.Minnesota Court of Appeals. August 6, 1991. Review Granted September 25, 1991. Appeal from the District Court, Stearns County, Paul Hoffman, J. Syllabus by […]

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IN RE JOHNSON v. JOHNSON, C9-00-1796 (Minn.App. 5-29-2001)

In Re the Marriage of: Terri L. Johnson, petitioner, Respondent, v. Mark B. Johnson, Appellant. No. C9-00-1796.Minnesota Court of Appeals. Filed May 29, 2001 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]

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STATE v. SNEGIREV, C7-02-991 (Minn.App. 5-6-2003)

State of Minnesota, Respondent, vs. Andrean A. Snegirev, Appellant No. C7-02-991.Minnesota Court of Appeals. Filed May 6, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the Stearns […]

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IN RE ESTATE OF NORMAN, 209 Minn. 19 (1940)

295 N.W. 63 IN RE ESTATE OF HELEN NORMAN. ANNA OLSON v. CLARICE NORMAN TUBBS.[1] No. 32,522.Supreme Court of Minnesota. December 6, 1940. [1] Reported in 295 N.W. 63. Adoption — right of inheritance of foster child. 1. Absent adoption pursuant to statute, a child received into the home of foster parents and by them […]

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IN RE MARRIAGE OF YAGER, A09-1365 (Minn.App. 3-30-2010)

In re the Marriage of: Susan Ann Yager, f/k/a Susan Ann Fox, petitioner, Appellant, v. John Patrick Fox, Respondent. No. A09-1365.Minnesota Court of Appeals. Filed March 30, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]

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CITY OF MARSHALL v. GREGOIRE, 193 Minn. 188 (1935)

259 N.W. 377 CITY OF MARSHALL v. H. O. GREGOIRE AND ANOTHER.[1] Nos. 30,063, 30,064, 30,067.Supreme Court of Minnesota. January 4, 1935 [1] Reported in 259 N.W. 377. Municipal corporation — officer — liability of treasurer as to city funds. 1. Under the statute, 2 Mason Minn. St. 1927, § 10305, making it a crime […]

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LAUER v. LOECKEN, 295 Minn. 345 (1973)

204 N.W.2d 817 VICTOR J. LAUER, TRUSTEE FOR THE HEIRS OF STEVEN WILLIAM LAUER, v. JOAN B. LOECKEN AND ANOTHER. Nos. 43606, 43607.Supreme Court of Minnesota. February 16, 1973. Trial — instructions — instructions on party’s theory of case — necessity of evidence supporting theory. A party is entitled to reasonable instructions consistent with his […]

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EYSTAD v. STAMBAUGH, 203 Minn. 392 (1938)

281 N.W. 526 JOE EYSTAD v. W. F. STAMBAUGH. GEORGE FARWELL, JR. v. SAME. FRED PODTBURG v. SAME.[1] Nos. 31,676, 31,677, 31,678.Supreme Court of Minnesota. October 7, 1938. [1] Reported in 281 N.W. 526. Automobile — head-on collision in fog — negligence of driver. 1. Upon facts stated in opinion, held that question of defendant’s […]

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JONES v. SCHREIBER, 166 Minn. 177 (1926)

207 N.W. 322 NELLIE JONES v. GEORGE SCHREIBER.[1] No. 25,130.Supreme Court of Minnesota. February 11, 1926. [1] Reported in 207 N.W. 322. Question of driver’s contributory negligence for jury. Plaintiff, as defendant’s guest, was riding in the rear seat of his car which defendant operated negligently, resulting in plaintiff’s injury. The car was traveling between […]

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KADEL v. STATE, A10-1408 (Minn.App. 4-5-2011)

Travis Gregory Kadel, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-1408.Minnesota Court of Appeals. Filed April 5, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the […]

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D’HEILLY v. GUNDERSON, 428 N.W.2d 133 (Minn.App. 1988)

In Re the Marriage of Gloria D’HEILLY, f/k/a Gloria Gunderson, Petitioner, Respondent, v. Brian GUNDERSON, Appellant. No. C6-88-571.Minnesota Court of Appeals. August 30, 1988. Appeal from the District Court, Clay County, Homer A. Saetre, J. Page 134 Syllabus by the Court The needs of a child born or adopted after a dissolution may be considered […]

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DIXON v. HEITZINGER, A03-1317 (Minn.App. 3-30-2004)

Diane Marie Dixon, Respondent. Wright County, Plaintiff, v. Christopher Paul Heitzinger, Appellant. No. A03-1317.Minnesota Court of Appeals. Filed March 30, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal […]

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HASELSTEINER v. LISEC AMERICA, INC., A08-1646 (Minn.App. 7-28-2009)

Hubert C. Haselsteiner, Respondent, v. LISEC America, Inc., a Delaware corporation, et al., Appellants. No. A08-1646.Minnesota Court of Appeals. Filed July 28, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]

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HYLAND COURTS TOWN HOME OWNERS ASSOC. v. BEI, A05-1246 (Minn.App. 7-3-2006)

Hyland Courts Town Home Owners Association, et al., Appellants, v. BEI Exterior Maintenance Corporation, defendant and third party plaintiff, Respondent, v. William Cole d/b/a Cole Roofing, third party defendant, Respondent. No. A05-1246.Minnesota Court of Appeals. Filed July 3, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be […]

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PETTERSON v. BARTELS, 284 Minn. 463 (1969)

170 N.W.2d 572 FAYE V. PETERSON v. MARCIA BARTELS AND OTHERS. JEROME DALY AND ANOTHER, APPELLANTS. No. 41514.Supreme Court of Minnesota. September 5, 1969. Affidavit of prejudice — filing after participation in calendar call — effect. 1. The fact a party participates in pretrial motions at a calendar call on the morning to which a […]

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MacWHINNEY v. MacWHINNEY, 248 Minn. 303 (1956)

79 N.W.2d 683 SEDGWICK R. MacWHINNEY v. PATRICIA L. MacWHINNEY. No. 36,678.Supreme Court of Minnesota. December 7, 1956. Divorce — custody of child — considerations determining. 1. Stability in the home surroundings and in parental supervision of a child of tender years is an important factor which has a deep and lasting effect upon the […]

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FITGER BREWING CO. v. STATE, 416 N.W.2d 200 (Minn.App. 1987)

FITGER BREWING COMPANY, Respondent, v. STATE of Minnesota, et al., Appellants. Nos. C4-87-1031, CS-87-1307.Minnesota Court of Appeals. December 8, 1987. Review Denied February 23, 1988. Appeal from the District Court, St. Louis County, Charles T. Barnes, J. Page 201 Syllabus by the Court Where a landowner faces a choice to either improve or close a […]

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STATE v. MARTINEZ, 311 Minn. 532 (1976)

248 N.W.2d 722 STATE v. VICTOR MARTINEZ. No. 46293.Supreme Court of Minnesota. December 3, 1976. Criminal law — conviction of attempted burglary — meritless claims of error. Appeal by Victor Martinez from a judgment of the Ramsey County District Court, Stephen L. Maxwell, Judge, whereby he was convicted of attempted burglary with a tool. Affirmed. […]

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KRA. MINING MAT. v. CITY OF SAUK RAPIDS, A10-1760 (Minn.App. 7-5-2011)

Kraemer Mining Materials, Inc., a Wisconsin corporation, Appellant, v. City of Sauk Rapids, et al., Respondents. No. A10-1760.Minnesota Court of Appeals. Filed July 5, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]

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CITY OF FERGUS FALLS v. SPORRE, 300 N.W.2d 791 (Minn. 1981)

CITY OF FERGUS FALLS, Respondent, v. Timothy Raymond SPORRE, petitioner, Appellant. No. 51388.Supreme Court of Minnesota. January 9, 1981. Appeal from the County Court, Otter Tail County. Page 792 Syllabus by the Court Held, prosecution of defendant for careless driving was barred by the prohibition in Minn.Stat. § 609.035 (1978) against serialized prosecution of multiple […]

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HENNEPIN CTY. GROSS v. DAVIS, C5-96-638 (Minn.App. 8-27-1996)

Hennepin County and Lisa Michelle Gross, Respondents, v. Marvin Davis, Appellant. No. C5-96-638.Minnesota Court of Appeals. Filed August 27, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § subd. 3 (1994). Appeal from the […]

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STATE v. BUHL, 520 N.W.2d 177 (Minn.App. 1994)

STATE of Minnesota, Respondent, v. Jonathan Edward BUHL, Appellant. No. C0-94-106.Minnesota Court of Appeals. August 9, 1994. Review Denied October 27, 1994. Appeal from the District Court, Anoka County, Stanley Thorup, J. Page 178 Syllabus by the Court 1. A prior burglary is not sufficiently similar to the present offense and cannot be admitted as […]

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IN MATTER OF WELFARE OF B.J.H., C3-96-525 (Minn.App. 8-13-1996)

IN THE MATTER OF THE WELFARE OF: B.J.H., CHILD. No. C3-96-525.Minnesota Court of Appeals. Filed August 13, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1994). Appeal from the District […]

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STATE v. CONDON, 497 N.W.2d 272 (Minn.App. 1993)

STATE of Minnesota, Respondent, v. Thomas George CONDON, Appellant. No. C6-92-610.Minnesota Court of Appeals. February 23, 1993. Appeal from the District Court, Ramsey County, Charles A. Flinn, J. Page 273 Syllabus by the Court 1. A police officer may order chemical testing for a driver suspected of criminal vehicular operation without giving the Implied Consent […]

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ROBINSON v. STATE, 567 N.W.2d 491 (Minn. 1997)

Spencer ROBINSON, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C8-96-2044.Supreme Court of Minnesota. August 7, 1997. Rehearing Denied September 5, 1997. Appeal from the District Court, Hennepin County, Stephen D. Swanson, J. Page 492 Syllabus by the Court The postconviction court’s conclusion, after an evidentiary hearing, that appellant’s counsel did not fail to convey […]

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McGLOTHLIN v. STEINMETZ, A06-1016 (Minn.App. 6-5-2007)

Beth McGlothlin, creditor, Appellant, v. Michael Steinmetz, et al., Debtors, and State Farm Insurance Companies a/k/a State Farm Fire and Casualty Company, garnishee, Respondent. No. A06-1016.Minnesota Court of Appeals. Filed: June 5, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited […]

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STATE v. COLCLASURE, A11-55 (Minn.App. 10-31-2011)

State of Minnesota, Respondent, v. Ryan Anthony Colclasure, Appellant. No. A11-55.Minnesota Court of Appeals. Filed October 31, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]

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WALTERS v. COMMON SCHOOL DISTRICTS, 265 Minn. 284 (1963)

121 N.W.2d 605 FREDDIE L. WALTERS AND OTHERS v. COMMON SCHOOL DISTRICTS NOS. 2550, 2551, 2583, and 2585, WINONA COUNTY, AND OTHERS. Nos. 38,720, 38,721.Supreme Court of Minnesota. April 26, 1963. Schools and school districts — consolidation proceedings — appeals — scope of review. 1. While the best interests of the territory affected is a […]

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STATE v. MORALES, 532 N.W.2d 268 (Minn.App. 1995)

STATE of Minnesota, Respondent, v. Reynaldo MORALES, Appellant. No. C9-95-485.Minnesota Court of Appeals. June 6, 1995. Appeal from the District Court, Rice County, Bernard E. Borene, J. Syllabus by the Court When a criminal defendant is in custody on an unrelated offense, calculation of jail credit on a new offense begins when police acquire probable […]

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HEIMER v. LARSON SIDING, C9-99-902 (Minn.App. 11-9-1999)

Dennis A. Heimer, Appellant, v. Larson Siding, Inc., Respondent. No. C9-99-902.Minnesota Court of Appeals. Filed November 9, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]

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CHARLES v. QUINN, 203 Minn. 452 (1938)

281 N.W. 815 CHARLES L. CLARK v. JOSEPH A. QUINN.[1] No. 31,655.Supreme Court of Minnesota. October 28, 1938. [1] Reported in 281 N.W. 815. Appeal and error — review — exclusion of evidence. 1. Where, as here, the main issue is resolved by the jury against a party, such party is not in position to […]

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JENSEN v. ESTATE OF J. FRED JOHNSON, 304 Minn. 564 (1975)

230 N.W.2d 61 JOHN R. JENSEN v. ESTATE OF J. FRED JOHNSON AND OTHERS. No. 45178.Supreme Court of Minnesota. May 16, 1975. Trial — negligence action — directed verdicts — propriety. Action in the Hennepin County District Court for personal injuries allegedly sustained by plaintiff on public property abutting premises owned by defendant G. Russell […]

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PERRY v. CAUGHEY, C0-97-878 (Minn.App. 1-15-1998)

DONNA MARIE PERRY, Appellant, v. FRANCIS CAUGHEY, Respondent. No. C0-97-878.Minnesota Court of Appeals. Filed January 15, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, […]

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UHDE v. BROOK WEST CHIROPRACTIC CLINIC, A03-2009 (Minn.App. 7-13-2004)

Sharyl Uhde, Appellant, v. Brook West Chiropractic Clinic, et al., Respondents. No. A03-2009.Minnesota Court of Appeals. Filed July 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from […]

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WEGSCHEIDER v. PLASTICS, INC., 289 N.W.2d 167 (Minn. 1980)

Frederick G. WEGSCHEIDER, et al., Appellants, v. PLASTICS, INC., Respondent. No. 49512.Supreme Court of Minnesota. February 15, 1980. Appeal from the District Court, Ramsey County, Otis H. Godfrey, Jr., J. Page 168 Syllabus by the Court 1. Where plaintiff was aware of a general risk of injury from a fall off a tanker trailer but […]

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ADAMS v. STATE, A10-687 (Minn.App. 1-4-2011)

Michael Adams, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-687.Minnesota Court of Appeals. Filed January 4, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]

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ASHFORD v. INTERSTATE TRUCKING CORP., 524 N.W.2d 500 (Minn.App. 1994)

Anita ASHFORD, Respondent, v. INTERSTATE TRUCKING CORPORATION OF AMERICA, INC., et al., Defendants, Selmer Law Firm, P.A., Appellant. No. CX-94-1277.Minnesota Court of Appeals. December 6, 1994. Appeal from the District Court, Hennepin County, Daniel H. Mabley, J. Page 501 Syllabus by the Court 1. An attorney who withdraws from representation pursuant to Minn.R.Prof. Conduct 1.16(b) […]

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HENNEPIN COUNTY v. SIMMONS, A10-542 (Minn.App. 5-3-2011)

Hennepin County, Respondent, Amy S. Krell, Respondent, v. Lee Simmons, Appellant. No. A10-542.Minnesota Court of Appeals. Filed May 3, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from […]

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STATE v. MONTERO, C2-97-1157 (Minn.App. 4-7-1998)

State of Minnesota, Respondent, v. Hugo Lautaro Montero, Appellant. No. C2-97-1157.Minnesota Court of Appeals. Filed April 7, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat § 480A.08, subd. 3 (1996) Appeal from the District […]

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DUNKER v. STATE, A03-1984 (Minn.App. 8-10-2004)

Mark Jeffrey Dunker, petitioner, Appellant, vs. State of Minnesota, Respondent. No. A03-1984.Minnesota Court of Appeals. Filed August 10, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the […]

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HILL v. BROCKAMP, C2-98-973 (Minn.App. 1-14-1999)

Debra Hill, petitioner, Respondent, v. Brian Brockamp, Appellant. No. C2-98-973.Minnesota Court of Appeals. Filed January 14, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, […]

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DISCIPLINARY ACTION AGAINST WINGERD, 420 N.W.2d 580 (Minn. 1988)

In re Petition for DISCIPLINARY ACTION AGAINST Harold R. WINGERD, an Attorney at Law of the State of Minnesota. No. C3-87-1683.Supreme Court of Minnesota. March 10, 1988. ORDER The Director of Lawyers Professional Responsibility filed a petition with this court alleging that the respondent by failing to timely file state income tax returns for the […]

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STATE v. ANDERSON, A05-1677 (Minn.App. 9-26-2006)

State of Minnesota, Respondent, v. Bruce Wayne Anderson, Appellant. No. A05-1677.Minnesota Court of Appeals. Filed September 26, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]

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CORREA v. WAYMOUTH FARMS, 664 N.W.2d 324 (Minn. 2003)

Fernando Correa, Respondent, vs. Waymouth Farms, Inc., and St. Paul Mercury Insurance Co., Relators. No. C9-02-1172.Supreme Court of Minnesota. Filed: July 3, 2003. Workers’ Compensation Court of Appeals Page, J. Dissenting, Gilbert, J. Page 325 SYLLABUS Under Minnesota Statutes § 176.101, subdivision 1(g) (2002), aliens unauthorized to work in the United States are not, as […]

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STATE v. KILLIAN, C4-00-1351 (Minn.App. 5-22-2001)

State of Minnesota, Respondent, v. Wil Isaiah Killian, Appellant. No. C4-00-1351.Minnesota Court of Appeals. Filed May 22, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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ARCHER DANIELS MIDLAND CO. v. C.A. ROSE CO., A07-0651 (Minn.App. 5-6-2008)

Archer Daniels Midland Company, Respondent, v. C.A. Rose Company, et al., Defendants, Burwell Family Limited Partnership, supplemental defendant and the garnishee, Appellant. No. A07-0651.Minnesota Court of Appeals. Filed May 6, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as […]

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DAVIDSON v. WEBB, 535 N.W.2d 822 (Minn.App. 1995)

Thomas K. DAVIDSON, petitioner, Respondent, v. David P. WEBB, Appellant. No. C7-95-517.Minnesota Court of Appeals. August 15, 1995. Appeal from the District Court, Hennepin County, Delia Pierce, J. Page 823 Syllabus by the Court Under Minn.Stat. § 609.748, conduct must include more than one act, word, or gesture to constitute harassment, but there need not […]

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NYBERG v. R. N. CARDOZO BROTHER, INC., 243 Minn. 361 (1954)

67 N.W.2d 821 VIOLA E. NYBERG v. R. N. CARDOZO BROTHER, INC., AND ANOTHER.[1] No. 36,302.Supreme Court of Minnesota. December 31, 1954. [1] Reported in 67 N.W.2d 821. Unemployment compensation — scope of review — disqualification from benefits — quitting without good cause attributable to employer. On appeal from a decision of the commissioner of […]

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STATE v. PETERSON, A04-474 (Minn.App. 3-15-2005)

State of Minnesota, Respondent, v. V. Henry Peterson, Appellant. No. A04-474.Minnesota Court of Appeals. Filed March 15, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]

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STORM v. SIWEK, C4-03-280 (Minn.App. 7-8-2003)

Jennifer Lynn Storm, petitioner, Appellant, v. Kenneth Anthony Siwek, Respondent. No. C4-03-280.Minnesota Court of Appeals. Filed July 8, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the […]

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GANGL v. UNITED PARCEL SERVICE INC., A08-1263 (Minn.App. 8-18-2009)

Sasha L. Gangl, Relator, v. United Parcel Service Inc., Respondent. No. A08-1263.Minnesota Court of Appeals. August 18, 2009. Appeal from the Department of Employment and Economic Development, Respondent. RECENT ORDER OPINIONS HARRIET LANSING, Judge. Reversed and remanded. Department of Employment and Economic Development. Page 1

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ALLEY CONSTRUCTION CO. INC. v. STATE, 300 Minn. 346 (1974)

219 N.W.2d 922 ALLEY CONSTRUCTION CO., INC., AND ANOTHER v. STATE. No. 44298.Supreme Court of Minnesota. July 5, 1974. Breach of warranty — litigation involving highway construction contracts — reliance of contractor on plans of state — proof. 1. Litigation involving highway construction contracts alleging breach of warranty does not require direct evidence that the […]

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JUREK v. PHYGEN, INC., A10-2160 (Minn.App. 7-11-2011)

Kimberly Jurek, Relator, v. Phygen, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A10-2160.Minnesota Court of Appeals. Filed July 11, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]

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IN MATTER OF THE WELFARE OF D.I.S., C6-01-1068 (Minn.App. 3-12-2002)

In the Matter of the Welfare of D.I.S., Child. No. C6-01-1068.Minnesota Court of Appeals. Filed March 12, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]

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