STATE v. MONROE, A10-715 (Minn.App. 8-24-2010)

State of Minnesota, Appellant, v. Faron Raymond Monroe, Respondent. No. A10-715.Minnesota Court of Appeals. Filed August 24, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 (2008). Appeal from the District […]

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STATE v. DANCULOVIC, 168 Minn. 359 (1926)

209 N.W. 941 STATE v. ELI DANCULOVIC.[1] No. 25,708.Supreme Court of Minnesota. July 30, 1926. [1] Reported in 209 N.W. 941. Appointee of state forester pursuant to § 4027 is a state appointee and only provision for compensating his services is under L. 1925, c. 407. 1. Persons appointed by the state forester pursuant to […]

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MATTER OF JOELSON, 385 N.W.2d 810 (Minn. 1986)

In the Matter of the Alleged Psychopathic Personality of John Anton JOELSON. No. C3-82-1521.Supreme Court of Minnesota. April 18, 1986. Appeal from the District Court, Hennepin County, Allen Oleisky, J. Syllabus by the Court The probate court’s findings that the patient is receiving treatment, adequate to satisfy the statutory and any constitutional right to treatment, […]

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ROBERTS v. RAY BELL FILM CO., 206 Minn. 351 (1939)

288 N.W. 591 W. W. ROBERTS v. RAY BELL FILM COMPANY AND ANOTHER.[1] No. 32,235.Supreme Court of Minnesota. November 24, 1939. [1] Reported in 288 N.W. 591. Workmen’s compensation — proceeding — evidence — sufficiency. 1. It is for the triers of fact to choose not only between conflicting evidence but also between opposed inferences. […]

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SCHWARTZ v. RICE COUNTY CO-OPERATIVE EGG POULTRY, 163 Minn. 515 (1925)

204 N.W. 316 LOUIS W. SCHWARTZ v. RICE COUNTY CO-OPERATIVE EGG POULTRY ASSOCIATION AND OTHERS.[1] No. 24,686.Supreme Court of Minnesota. June 5, 1925. [1] Reported in 204 N.W. 316. Demurrer of officials sustained and demurrers of other defendants overruled. Complaint by dealer in agricultural produce in action to restrain enforcement of section 26 of Co-operative […]

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JOHNSON BROTHERS LIQUOR COMPANY v. OLSON, C6-96-1099 (Minn.App. 11-12-1996)

Johnson Brothers Liquor Company, Appellant, vs. Rodney Olson and Joyce Olson, d/b/a 617 Liquor Lounge, Respondents (C6-96-1099), White Bear Bowl, Inc., d/b/a White Bear Bowl/Holiday House, Inc., et al., Respondents (C9-96-1100), Valley Liquor, Inc., et al., Respondents (C0-96-1101), The Home Indemnity Company, Defendant. Nos. C6-96-1099, C9-96-1100, C0-96-1101.Minnesota Court of Appeals. Filed November 12, 1996. [EDITOR’S […]

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GOLDENMAN-HAAKENSON v. HAAKENSON, A09-1873 (Minn.App. 6-1-2010)

Jana Kim Goldenman-Haakenson, petitioner, Respondent, v. Jon Arthur Haakenson, Appellant. No. A09-1873.Minnesota Court of Appeals. June 1, 2010. Appeal from the District Court, Hennepin County, Hon. Jack S. Nordby. RECENT ORDER OPINIONS MICHELLE A. LARKIN, Judge. Affirmed in part, reversed in part, and remanded. Page 1

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SMITH v. SMITH, 425 N.W.2d 854 (Minn.App. 1988)

In re the Marriage of Ross L. SMITH, Petitioner, Respondent, v. Cathleen A. SMITH, Appellant. No. C0-87-1995.Minnesota Court of Appeals. June 21, 1988. Appeal from the District Court, Otter Tail County, Elliott O. Boe, J. Syllabus by the Court 1. The trial court’s findings concerning the primary parent at the time of the marital separation […]

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RADLOFF v. JANS, 428 N.W.2d 112 (Minn.App. 1988)

Viola RADLOFF as trustee for the heirs and next of kin of Leona D. Krienke and Fred C. Krienke, Appellant, v. Marlin JANS, et al., etc., Respondents, The Crane Company, et al., Defendants. No. C5-88-27.Minnesota Court of Appeals. August 23, 1988. Review Denied October 26, 1988. Appeal from the District Court, Waseca County, Bernard E. […]

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SNELL SASH AND DOOR CO. v. FLORSHEIM, 217 Minn. 21 (1944)

13 N.W.2d 776 SNELL SASH AND DOOR COMPANY v. CHARLES S. FLORSHEIM AND OTHERS. PRUDENTIAL INSURANCE COMPANY OF AMERICA, APPELLANT.[1] No. 33,659.Supreme Court of Minnesota. March 17, 1944. [1] Reported in 13 N.W.2d 776. Mechanic’s lien — right to lien — improvements chargeable to vendor under executory contract. 1. Improvements upon real property made by […]

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IN RE DAHLEN v. DAHLEN, C4-00-958 (Minn.App. 10-24-2000)

In Re The Marriage of: Phillip Bruce Dahlen, petitioner, Respondent, vs. Margaret N/M/N Dahlen, Appellant. No. C4-00-958.Minnesota Court of Appeals. Filed October 24, 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, subd. […]

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IN MATTER OF T.J.M., A07-1328 (Minn.App. 12-18-2007)

In the Matter of the Welfare of the Children of: T.J.M. and P.M.M., Parents. No. A07-1328.Minnesota Court of Appeals. Filed December 18, 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 […]

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CHUN KING SALES, INC. v. COUNTY OF ST. LOUIS, 256 Minn. 375 (1959)

98 N.W.2d 194 CHUN KING SALES, INC. v. COUNTY OF ST. LOUIS. No. 37,583.Supreme Court of Minnesota. August 14, 1959. Taxation — public property — basis. 1. Under Minn. Const. art. 9, § 1, public property used exclusively for any public purpose is exempt from taxation. Same — same — same. 2. The state may […]

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STATE v. SPEARS, A09-1525 (Minn.App. 7-20-2010)

State of Minnesota, Respondent, v. Kenneth Ray Spears, Appellant. No. A09-1525.Minnesota Court of Appeals. Filed July 20, 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 (2008). Appeal from the District […]

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BANOVETZ v. KING, C9-00-342 (Minn.App. 8-22-2000)

LORENE BANOVETZ, Appellant, v. BETTY KING, Respondent. No. C9-00-342.Minnesota Court of Appeals. Filed August 22, 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, subd. 3 (1998). Appeal from the District Court, Hennepin […]

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SCHWARTZ v. VIRTUCOM, INC., A08-1059 (Minn.App. 5-12-2009)

Perry Schwartz, et al., Respondents, v. Virtucom, Inc., et al., Appellants. No. A08-1059.Minnesota Court of Appeals. Filed May 12, 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 (2008). Appeal from […]

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STATE v. THOOFT, C1-00-965 (Minn.App. 4-17-2001)

State of Minnesota, Respondent, vs. Jerome E. Thooft, Appellant. No. C1-00-965.Minnesota Court of Appeals. Filed April 17, 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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IN RE MARRIAGE OF MAHAN v. MAHAN, CX-97-1052 (Minn.App. 2-24-1998)

In Re the Marriage of: Kermit Edward Mahan, petitioner, Respondent, v. Bryce Jingle Mahan, Appellant. No. CX-97-1052.Minnesota Court of Appeals. Filed February 24, 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. […]

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LANDENBERG v. RAINBOW FOODS STORES, C8-00-87 (Minn.App. 7-11-2000)

Susan Landenberg, et al., Respondents, vs. Rainbow Foods Stores, Appellant. No. C8-00-87.Minnesota Court of Appeals. Filed July 11, 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, subd. 3 (1998). Appeal from the […]

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IN MATTER OF MEHRKENS, C7-03-15 (Minn.App. 7-22-2003)

In the Matter of: Jill A. Mehrkens, Respondent, v. Ralph L. Ryan, et al., Appellants. No. C7-03-15.Minnesota Court of Appeals. Filed July 22, 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. […]

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STATE v. ROCHEFORT, A05-2110 (Minn.App. 11-27-2007)

State of Minnesota, Respondent, v. Rick Allen Rochefort, Appellant. No. A05-2110.Minnesota Court of Appeals. Filed November 27, 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 v. BARNES, A03-992 (Minn.App. 7-20-2004)

State of Minnesota, Respondent, v. Kel Rhonn Chatous Barnes, Appellant. No. A03-992.Minnesota Court of Appeals. Filed July 20, 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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ALLANSON v. CEYNAR, 203 Minn. 93 (1938)

280 N.W. 6 R. L. ALLANSON v. JOHN J. CEYNAR.[1] No. 31,601.Supreme Court of Minnesota. June 10, 1938. [1] Reported in 280 N.W. 6. Negligence — imputed negligence. 1. A passenger having no control over the automobile or the driver is not answerable for the driver’s negligence in parking the automobile despite the fact that […]

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IN RE TRUST UNDER AGREEMENT WITH NASH, 265 Minn. 412 (1963)

122 N.W.2d 104 IN RE TRUSTEESHIP UNDER AGREEMENT WITH WILLIS K. NASH. ROBERT LAKE NASH v. EDGAR V. NASH AND OTHERS. No. 38, 705.Supreme Court of Minnesota. May 24, 1963. Trusts — trust instrument — construction — inclusion of adopted children of life tenant. A trust created for the benefit of named children and “other […]

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PEARSON v. 2005 CHEV AVEO, A11-574 (Minn.App. 9-12-2011)

Dennis Joseph Pearson, Appellant, v. 2005 Chev Aveo, KL1T06285B453209, 544 CTC, MN, Respondent. No. A11-574.Minnesota Court of Appeals. Filed September 12, 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). […]

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DYRHAUG v. COMMR. OF PUBLIC SAFETY, C2-98-2139 (Minn.App. 5-25-1999)

Kevin John Dyrhaug, petitioner, Respondent, v. Commissioner of Public Safety, Appellant. No. C2-98-2139.Minnesota Court of Appeals. Filed May 25, 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 […]

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IN RE ESTATE OF GROTE, 766 N.W.2d 82 (Minn.App. 2009)

In re the ESTATE OF Sylvester G. GROTE, Deceased. No. A08-1691.Minnesota Court of Appeals. June 2, 2009. Page 83 SYLLABUS The entirety of any property owned in joint tenancy at the time of death by a recipient of medical assistance benefits that has passed into the estate of the recipient’s surviving spouse is available for […]

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GARCIA v. ALSTOM SIGNALING, 729 N.W.2d 30 (Minn.App. 2007)

Martin GARCIA, Relator, v. Compensation ALSTOM SIGNALING INC., Respondent, Department of Employment and Economic Development, Respondent. No. A06-660.Minnesota Court of Appeals. April 3, 2007. SYLLABUS An individual who does not file for, receive, or have any entitlement to severance pay while collecting unemployment benefits is eligible to receive unemployment benefits under Minn.Stat. §§ 268.085, subd. […]

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AMERICAN NAT. BANK v. HELLING, 161 Minn. 504 (1925)

202 N.W. 20 AMERICAN NATIONAL BANK OF LAKE CRYSTAL v. J.S. HELLING AND OTHERS.[1] No. 24,164.Supreme Court of Minnesota. January 30, 1925. [1] Reported in 202 N.W. 20. Contract to protect guilty person from prosecution void. 1. A contract to make restitution of property stolen or embezzled, made under an agreement to protect the guilty […]

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JONES v. CONSOLIDATED FREIGHTWAYS CORP., 364 N.W.2d 426 (Minn.App. 1985)

James JONES, Appellant, v. CONSOLIDATED FREIGHTWAYS CORPORATION, Respondent. No. C0-84-816.Minnesota Court of Appeals. March 5, 1985. Appeal from the District Court, Dakota County, Richard J. Menke, J. Page 427 Syllabus by the Court The 90 day time limitation in Minn.Stat. § 363.14, subd. 1 (1974), is not a jurisdictional prerequisite, in the traditional sense, for […]

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PAUL v. KRETSCH, A11-473 (Minn.App. 9-6-2011)

Carla B. Paul, Appellant, v. James J. Kretsch, Jr., et al., Defendants, and Felix J. Sahlin, Esq., intervenor, Respondent. No. A11-473.Minnesota Court of Appeals. Filed September 6, 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. […]

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MAGUIRE v. MAGUIRE, 171 Minn. 492 (1927)

214 N.W. 666 ALICE V. MAGUIRE AND OTHERS v. MARY MAUD MAGUIRE AND ANOTHER.[1] Nos. 25,928, 26,265.Supreme Court of Minnesota. June 17, 1927. [1] Reported in 214 N.W. 666. Gist of fraud in action on false promissory representations. 1. In an action based upon false promissory representations, which may constitute actionable fraud, the gist of […]

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CAREY AND EMMINGS, LTD. v. LUDOWESE, 434 N.W.2d 483 (Minn.App. 1989)

CAREY AND EMMINGS, LTD., Respondent, v. Eugene LUDOWESE, Appellant. No. C8-88-1480.Minnesota Court of Appeals. January 17, 1989. Appeal from the District Court, Renville County, John J. Weyrens, J. Syllabus by the Court 1. Where the pleadings, depositions, answers to interrogatories, and admissions on file show there is no genuine issue as to any material fact, […]

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LYMAN LUMBER COAL CO. v. TRAVELERS INSURANCE CO., 206 Minn. 494 (1939)

289 N.W. 40 LYMAN LUMBER COAL COMPANY v. TRAVELERS INSURANCE COMPANY.[1] No. 32,249.Supreme Court of Minnesota. December 15, 1939. [1] Reported in 289 N.W. 40. Insurance — public liability insurance — risks excluded — personal injuries from explosion of dynamite caps in coal delivered by assured. 1. Insurer under public liability policy excluding any obligation […]

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CARLSON v. STAFFORD, 166 Minn. 481 (1926)

208 N.W. 413 SWAN CARLSON v. CHARLES STAFFORD. GILLIS BROTHERS COMPANY, GARNISHEE.[1] No. 25,164.Supreme Court of Minnesota. April 1, 1926. [1] Reported in 208 N.W. 413. Effect of service of garnishee summons. 1. The service of a garnishee summons does not change the rights of the parties except to transfer to the plaintiff whatever claim […]

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NYRUD v. COMMR. OF PUBLIC SAFETY, C2-98-1797 (Minn.App. 4-13-1999)

David Nels Nyrud, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. C2-98-1797.Minnesota Court of Appeals. Filed April 13, 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 […]

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ROTHENBERG v. MILNE, C6-00-444 (Minn.App. 12-5-2000)

Sally Rothenberg, et al., Appellants, vs. Gregory Milne, M.D., et al., Respondents, Behavioral Health Services, Inc., Respondent, BCBSM, Inc., d/b/a Blue Cross and Blue Shield of Minnesota, Respondent. No. C6-00-444.Minnesota Court of Appeals. Filed December 5, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and […]

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NORTHWESTERN NAT. BANK v. LECTRO SYSTEMS, INC., 262 N.W.2d 678 (Minn. 1977)

NORTHWESTERN NATIONAL BANK SOUTHWEST, Respondent, v. LECTRO SYSTEMS, INC., et al., Defendants, Charles Cox, Appellant. No. 46811.Supreme Court of Minnesota. August 12, 1977. Rehearing Denied September 15, 1977. Appeal from the District Court, Hennepin County, Crane Winton, J. Syllabus by the Court The trial court properly granted plaintiff’s motion for summary judgment declaring its security […]

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IN RE I.L.O., C4-97-1483 (Minn.App. 9-8-1998)

In the Matter of the Welfare of: I.L.O., Child. No. C4-97-1483.Minnesota Court of Appeals. Filed September 8, 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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STATE v. CLARK, 293 N.W.2d 49 (Minn. 1980)

STATE of Minnesota, City of Minneapolis, petitioner, Appellant, v. Lorri Ann CLARK, Respondent. No. 50231.Supreme Court of Minnesota. May 16, 1980. Rehearing Denied June 30, 1980. Appeal from the District Court, Hennepin County, Donald T. Barbeau, David R. Leslie, and Delila F. Pierce, JJ. Syllabus by the Court A defendant, charged with common prostitution, may […]

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STATE v. HEGSTROM, C9-97-331 (Minn.App. 3-10-1998)

STATE OF MINNESOTA, Respondent, v. SCOTT FREDERICK HEGSTROM, Appellant. No. C9-97-331.Minnesota Court of Appeals. Filed March 10, 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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KENNEDY v. STATE, 372 N.W.2d 83 (Minn.App. 1985)

Ruthie L. KENNEDY, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C4-85-702.Minnesota Court of Appeals. August 6, 1985. Review Denied September 26, 1985. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 84 Syllabus by the Court Post-conviction court did not abuse its discretion in denying defendant’s request to withdraw her guilty […]

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BLODGETT v. HOLLO, 210 Minn. 298 (1941)

298 N.W. 249 H. E. BLODGETT v. JOHN M. HOLLO AND OTHERS.[1] No. 32,791.Supreme Court of Minnesota. May 9, 1941. [1] Reported in 298 N.W. 249. Trial — findings of fact — effect of refusal to make finding. 1. The denial of a motion to make a finding of fact is equivalent to a finding […]

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STATE v. McCLOUD, 349 N.W.2d 590 (Minn.App. 1984)

STATE of Minnesota, Respondent, v. Lloyd Eugene McCLOUD, Appellant. No. C3-83-1237.Minnesota Court of Appeals. May 22, 1984. Appeal from the District Court, St. Louis County, Jack L. Litman, J. Syllabus by the Court The trial court erred in failing to give the jury written instructions on self-defense at the request of counsel after submitting written […]

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ENERGY v. DYRDAL, A11-0706 (Minn. 8-16-2011)

Enbridge Energy, Limited Partnership, a Delaware limited partnership; et al. v. Donovan Dyrdal, et al., Choice Financial Group-Grand Forks, et al. Nos. A11-0706, A11-0808.Supreme Court of Minnesota. Filed August 16, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 3

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LEDUC v. US BANK NATIONAL ASSOCIATION, A05-1115 (Minn.App. 2-14-2006)

Jason P. Leduc, Relator, v. US Bank National Association (2001), Respondent. Department of Employment and Economic Development, Respondent. No. A05-1115.Minnesota Court of Appeals. Filed February 14, 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. […]

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STATE v. PLEASANT, A05-1901 (Minn.App. 10-17-2006)

State of Minnesota, Respondent, v. Terrell James Lavar Pleasant, Appellant. No. A05-1901.Minnesota Court of Appeals. Filed October 17, 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 […]

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IN RE WALBRIDGE v. SIMMONS, C5-00-841 (Minn.App. 10-24-2000)

IN RE THE MARRIAGE OF: GERALD GEORGE WALBRIDGE, Appellant, v. SANDRA LEE SIMMONS f/k/a SANDRA LEE WALBRIDGE, Respondent. No. C5-00-841.Minnesota Court of Appeals. Filed October 24, 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. […]

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IN RE DISCIPLINARY ACTION AGAINST OBERG, 522 N.W.2d 922 (Minn. 1994)

In re Petition for DISCIPLINARY ACTION AGAINST Paul W. OBERG, an Attorney at Law of the State of Minnesota. No. C8-94-841.Supreme Court of Minnesota. September 29, 1994. Page 923 ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Paul W. Oberg has failed […]

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RECOVERY EQUIP. SALES v. TWIN CITY WRECKER, C3-99-40 (Minn.App. 8-31-1999)

RECOVERY EQUIPMENT SALES CORP., ET AL., Plaintiffs, THOMAS M. BRUDVIG, Appellant, v. TWIN CITY WRECKER SALES, INC., ET AL., Respondents. No. C3-99-40.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 […]

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NELSON v. CENTRAL METROPOLITAN BANK, 185 Minn. 449 (1932)

241 N.W. 585 CARL NELSON v. CENTRAL METROPOLITAN BANK AND ANOTHER.[1] No. 28,703.Supreme Court of Minnesota. March 11, 1932. [1] Reported in 241 N.W. 585. Bank and banking — authority of officer to make settlement with litigant. 1. Under the circumstances shown by the evidence referred to in the opinion, a settlement of an action […]

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JAQUES v. PIKE RAPIDS POWER CO., 172 Minn. 306 (1927)

215 N.W. 221 RANDAL JAQUES v. PIKE RAPIDS POWER COMPANY AND OTHERS.[1] No. 26,316.Supreme Court of Minnesota. July 22, 1927. [1] Reported in 215 N.W. 221. When court may examine legislative journals to ascertain whether statute is valid. 1. When a bill has passed both houses of the legislature, is enrolled twice and the enrolled […]

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HENDERSON v. MINN. CORR. FAC., A08-0839 (Minn.App. 3-17-2009)

Michael Peter Henderson, Appellant, v. Minnesota Correctional Facility — Faribault, Respondent. No. A08-0839.Minnesota Court of Appeals. Filed March 17, 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 (2008). Appeal from […]

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STATE v. DAVIS, C8-99-731 (Minn.App. 10-19-1999)

State of Minnesota, Appellant, v. Ronald Dean Davis, Respondent. No. C8-99-731.Minnesota Court of Appeals. Filed October 19, 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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PARKER v. IND SCH. DISTRICT. #831, C6-01-499 (Minn.App. 9-11-2001)

James D. Parker, Relator, v. IND School District #831, Respondent, Commissioner of Economic Security, Respondent. No. C6-01-499.Minnesota Court of Appeals. Filed September 11, 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, CITY OF ST. PAUL v. LYNCH, 477 N.W.2d 743 (Minn.App. 1991)

STATE of Minnesota, CITY OF ST. PAUL, Appellant, v. John Joseph LYNCH, Respondent. No. C2-91-819.Minnesota Court of Appeals. November 26, 1991. Appeal from the District Court, Ramsey County, E. Thomas Brennan, J. Page 744 Syllabus by the Court Where detention on a traffic stop includes police observations and inquiries regarding serious criminal misconduct, we cannot […]

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CHANCELLOR MANOR v. THIBODEAUX, 628 N.W.2d 193 (Minn.App. 2001)

Chancellor Manor, Respondent, vs. Patsy Thibodeaux, Appellant. No. C7-00-1599Minnesota Court of Appeals. Filed May 22, 2001. Dakota County District Court, File No. C00014185 Page 194 SYLLABUS 1. In an unlawful detainer proceeding in which a landlord seeks to oust a tenant from HUD-subsidized housing due to the tenant’s material noncompliance with a term of the […]

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AKKERMAN v. COMMISSIONER OF PUBLIC SAFETY, A06-1261 (Minn.App. 5-1-2007)

Justin Henry Akkerman, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A06-1261.Minnesota Court of Appeals. Filed: May 1, 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 […]

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CROSSTOWN HOLDING CO. v. MARQUETTE BK., N.A., A04-1693 (Minn.App. 5-17-2005)

Crosstown Holding Company, et al., Appellants, v. Marquette Bank, N.A., et al., Respondents. No. A04-1693.Minnesota Court of Appeals. Filed May 17, 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). […]

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REINSURANCE ASS’N v. JOHANNESSEN, 516 N.W.2d 562 (Minn.App. 1994)

REINSURANCE ASSOCIATION OF MINNESOTA, Respondent, v. Robert JOHANNESSEN, et al., Respondents, Randall D. Decker, Appellant. No. C1-93-1965.Minnesota Court of Appeals. May 24, 1994. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Page 563 Syllabus by the Court I. A farm liability policy provision expressly covering only farm employees who earn in […]

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RUETHER v. STATE, 455 N.W.2d 475 (Minn. 1990)

Patricia A. RUETHER, Respondent, v. STATE of Minnesota, Mankato State University, Self-Insured, Relator, and Blue Cross/Blue Shield of Minnesota, Intervenor, Respondent. No. C1-89-1993.Supreme Court of Minnesota. May 18, 1990. Page 476 Syllabus by the Court Where findings of the compensation judge are supported by substantial evidence, they should be left undisturbed. Candice E. Hektner, Christopher […]

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STATE v. HOARD, A09-293 (Minn.App. 3-2-2010)

State of Minnesota, Respondent, v. Jamel Daniel Hoard, Appellant. No. A09-293.Minnesota Court of Appeals. Filed March 2, 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 (2008). Appeal from the District […]

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ARNESON v. W. H. BARBER CO., 210 Minn. 42 (1941)

297 N.W. 335 T. J. ARNESON v. W. H. BARBER COMPANY. STATE, INTERVENER.[1] Nos. 32,718, 32,797.Supreme Court of Minnesota. March 28, 1941. [1] Reported in 297 N.W. 335. Taxation — gasoline tax — nature of tax. 1. Gasoline taxes levied and collected pursuant to L. 1925, c. 297, § 3, as amended (3 Mason Minn. […]

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NORTHERN TIMBERLINE EQUIPMENT v. GUSTAFSON, 386 N.W.2d 778 (Minn.App. 1986)

NORTHERN TIMBERLINE EQUIPMENT, INC., Appellant, v. Donald L. GUSTAFSON, Respondent. No. C5-85-1843.Minnesota Court of Appeals. May 13, 1986. Review Denied July 16, 1986. Appeal from the District Court, Koochiching County, James E. Preece, J. Page 779 Syllabus by the Court 1. The trial court erroneously found that the parties abandoned their written contract. Appellant is […]

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STATE v. HALL, 406 N.W.2d 503 (Minn. 1987)

STATE of Minnesota, Petitioner, Appellant, v. Mark Steven HALL, Respondent. No. CX-86-374.Supreme Court of Minnesota. May 29, 1987. Appeal from the District Court, St. Louis County, Mitchell A. Dubow, J. Syllabus by the Court It is the trial court’s discretion to admit expert testimony concerning the behavioral characteristic typically displayed by adolescent sexual assault victims. […]

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STATE v. BORDEN, 455 N.W.2d 482 (Minn.App. 1990)

STATE of Minnesota, Respondent, v. Jeffrey Richard BORDEN, Appellant. No. C2-89-1906.Minnesota Court of Appeals. May 15, 1990. Review Denied July 13, 1990. Appeal from the District Court, Crow Wing County, Clinton W. Wyant, J. Syllabus by the Court 1. The admission into evidence of an authentic video depicting the actual events of a sexual performance […]

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STATE EX REL. MILETICH v. TAHASH, 275 Minn. 505 (1967)

148 N.W.2d 134 STATE EX REL. NICHOLAS MILETICH v. RALPH H. TAHASH. No. 40,216.Supreme Court of Minnesota. January 13, 1967. Criminal law — right to preliminary hearing — waiver by entry of guilty plea on arraignment. Failure to object to absence of a preliminary hearing prior to arraignment constitutes a waiver thereof. Upon a plea […]

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BLAIR v. VILLAGE OF COLERAINE, 177 Minn. 376 (1929)

225 N.W. 284 E. R. BLAIR v. VILLAGE OF COLERAINE AND ANOTHER.[1] No. 27,249.Supreme Court of Minnesota. May 3, 1929. [1] Reported in 225 N.W. 284. Paralysis resulting from cerebral hemorrhage occurred while volunteer fireman was on duty. The undisputed evidence in this case requires a holding that relator’s paralytic condition resulted from a cerebral […]

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MINER v. BUZICK, 206 Minn. 341 (1939)

288 N.W. 582 ANNE MINER v. EMMA T. BUZICK AND OTHERS.[1] No. 32,128.Supreme Court of Minnesota. November 24, 1939. [1] Reported in 288 N.W. 582. Taxation — sale of tax-delinquent lands — judgment and certificates of sale — validity. 1. Entry of tax judgment six days before time of answering expired is an irregularity not […]

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IN RE MARRIAGE OF McCALLUM v. McCALLUM, A07-2221 (Minn.App. 12-9-2008)

In re the Marriage of: Jeffrey D. McCallum, petitioner, Appellant, v. Barbara J. McCallum, Respondent. No. A07-2221.Minnesota Court of Appeals. Filed December 9, 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 provided by Minn. Stat. § 480A.08, subd. […]

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STATE v. JOURDAIN, C6-97-481 (Minn.App. 1-13-1998)

STATE OF MINNESOTA, Respondent, v. VINCENT JAMES JOURDAIN, Appellant. No. C6-97-481.Minnesota Court of Appeals. Filed January 13, 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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IMPOLA v. IMPOLA, 464 N.W.2d 296 (Minn.App. 1990)

In re the Marriage of Traci Inez IMPOLA, Petitioner, Appellant, v. Mark Adam IMPOLA, Respondent. No. CX-90-1075.Minnesota Court of Appeals. December 18, 1990. Appeal from the District Court, St. Louis County, Gerald C. Martin, J. Page 297 Syllabus by the Court A trial court in a dissolution proceeding has personal jurisdiction over a non-resident respondent […]

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IN RE ALLEN v. THOMPSON, A04-2225 (Minn.App. 8-30-2005)

In re Horace D. Allen, petitioner, Appellant, v. Nikki D. Thompson, f/k/a Nikki D. Allen, Respondent. No. A04-2225.Minnesota Court of Appeals. Filed August 30, 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, […]

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NOLAN v. NEWFERT, 179 Minn. 293 (1930)

229 N.W. 97 THOMAS J. NOLAN v. ADALEEN NEWFERT.[1] No. 27,606.Supreme Court of Minnesota. January 31, 1930. [1] Reported in 229 N.W. 97. Defendant not entitled to judgment notwithstanding. 1. Defendant was not entitled to judgment notwithstanding the verdict on the ground that the evidence did not justify the findings that she negligently advanced the […]

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TOMASKO v. COTTON, 200 Minn. 69 (1937)

273 N.W. 628 JOHN TOMASKO v. I. F. COTTON AND ANOTHER. MARQUETTE NATIONAL BANK OF MINNEAPOLIS, APPELLANT.[1] No. 31,334.Supreme Court of Minnesota. May 21, 1937. [1] Reported in 273 N.W. 628. Mortgage — redemption — time for redemption — statutes. 1. Within a year after a sale upon foreclosure the mortgagor or his successor in […]

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BLANDING v. SPORTS HEALTH CLUB, INC., 373 N.W.2d 784 (Minn.App. 1985)

Philip BLANDING, Respondent, v. SPORTS HEALTH CLUB, INC., Appellant. No. C5-85-305.Minnesota Court of Appeals. August 27, 1985. Review Granted October 24, 1985. Page 785 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 786 Syllabus by the Court 1. The evidence supports the […]

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STOCKDALE BANCORPORATION v. KJELLBERG, 479 N.W.2d 438 (Minn.App. 1992)

STOCKDALE BANCORPORATION, et al., Respondents, v. Kent KJELLBERG, Appellant. No. C7-91-1948.Minnesota Court of Appeals. January 21, 1992. Appeal from the District Court, Wright County, Kim R. Johnson, J. Syllabus by the Court 1. Pre-trial orders are reviewable only on appeal from a final judgment, and are not within the scope of review of an appeal […]

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SLAVENS v. AMERICAN FIRE CASUALTY, C7-00-1070 (Minn.App. 1-24-2001)

John Slavens, individually and as parent and natural guardian of S.S., a minor, Appellant, v. American Fire Casualty Company, an Ohio Corporation, Respondent, Jacque I. Barnhart, et al., Defendants. No. C7-00-1070Minnesota Court of Appeals. Filed January 24, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished […]

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STATE v. HUDSPETH, 535 N.W.2d 292 (Minn. 1995)

STATE of Minnesota, Respondent, v. Antonius HUDSPETH, Appellant. No. C1-94-1670.Supreme Court of Minnesota. July 28, 1995. Appeal from the District Court, Ramsey County, Joanne M. Smith, J. Page 293 Syllabus by the Court Defendant received a fair trial and was properly convicted of and sentenced for first-degree murder and aggravated robbery. Affirmed. Mark D. Nyvold, […]

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STATE v. KRAULIK, A08-0438 (Minn.App. 4-21-2009)

State of Minnesota, Respondent, v. Ryan Drew Kraulik, Appellant. No. A08-0438.Minnesota Court of Appeals. Filed April 21, 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 (2008). Appeal from the District […]

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IN RE DISCIPLINARY ACTION AGAINST ERICKSON, 507 N.W.2d 612 (Minn. 1993)

In re the Petition for DISCIPLINARY ACTION AGAINST Bruce E. ERICKSON, an Attorney at Law of the State of Minnesota. No. C6-89-1911.Supreme Court of Minnesota. October 26, 1993. ORDER The Director of the Office of Lawyers Professional Responsibility has filed several petitions with this Court alleging that the respondent Bruce E. Erickson has committed professional […]

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SZARZYNSKI v. SZARZYNSKI, 732 N.W.2d 285 (Minn.App. 2007)

Thomas John SZARZYNSKI, petitioner, Appellant, v. Therese Elizabeth SZARZYNSKI, Respondent. Nos. A06-882, A06-1417.Minnesota Court of Appeals. May 22, 2007. Appeal from the District Court, Hennepin County, Stephen C. Aldrich, J. Page 286 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 287 SYLLABUS […]

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BROWN v. STATE, C8-00-1014 (Minn.App. 1-16-2001)

Larry Larue Brown, petitioner, Appellant, vs. State of Minnesota, Respondent. No. C8-00-1014.Minnesota Court of Appeals. Filed January 16, 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 […]

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STATE v. DIGGA, A03-1366 (Minn.App. 10-1-2003)

State v. Moses Hillary Digga. No. A03-1366.Minnesota Court of Appeals. October 1, 2003. Appeal from Olmsted County, Hon. Debra A. Jacobson. Toussaint, C.J. Reversed and remanded. CASES DISPOSED BY ORDER OPINION WEEK OF OCTOBER 2, THROUGH OCTOBER 8,2003

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IN RE ESTATE OF LEA, 301 Minn. 253 (1974)

222 N.W.2d 92 IN RE ESTATE OF HERBERT W. LEA. WINONA NATIONAL AND SAVINGS BANK, EXECUTOR, v. FRANK A. SHEEHAN, JR. No. 43981.Supreme Court of Minnesota. September 20, 1974. Wills — will contest — admissibility — testimony about conversations with decedent. 1. In a will contest, a party or person interested in the event thereof […]

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COUNTY OF DOUGLAS v. TOWNSHIP OF DEAD LAKE, 179 Minn. 251 (1930)

228 N.W. 929 COUNTY OF DOUGLAS v. TOWNSHIP OF DEAD LAKE, OTTER TAIL COUNTY.[1] No. 27,575.Supreme Court of Minnesota. January 17, 1930. [1] Reported in 228 N.W. 929. When county may begin proceeding to determine place of settlement of nonresident. 1. Where a county has furnished medical care and aid to a poor person, not […]

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MATTER OF DISCIPLINE OF MOLLIN, 376 N.W.2d 680 (Minn. 1985)

In the Matter of the Application for the DISCIPLINE OF Richard C. MOLLIN, an Attorney at Law of the State of Minnesota. No. C9-85-2011.Supreme Court of Minnesota. November 12, 1985. ORDER The Lawyers Professional Responsibility Board, acting through its Director, has filed with this court a petition charging the respondent Richard C. Mollin with misconduct […]

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FARTHING v. AMERICAN BUILDING MAINTENANCE, CX-01-1168 (Minn.App. 1-15-2002)

Richard W. Farthing, Relator, v. American Building Maintenance Co., Respondent, Commissioner of Economic Security, Respondent. No. CX-01-1168.Minnesota Court of Appeals. Filed January 15, 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. […]

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IN MATTER OF THE WELFARE OF A.C., C4-02-43 (Minn.App. 8-6-2002)

In the Matter of the Welfare of: A.C. No. C4-02-43Minnesota Court of Appeals. Filed August 6, 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 Court, […]

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STATE v. PHILIP MORRIS, 713 N.W.2d 350 (Minn. 2006)

The STATE of Minnesota, by Hubert H. HUMPHREY, III, its then Attorney General, Appellant, Blue Cross and Blue Shield of Minnesota, Plaintiff, v. PHILIP MORRIS USA, INC., Respondent, R.J. Reynolds Tobacco Company, et al., Respondents, Brown Williamson Tobacco Corporation, et al., Defendants, A.H. Hermel Candy Tobacco Co., et al., intervenors, Respondents, Council of Independent Tobacco […]

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GULLICKSON v. SICORA, C3-00-2135 (Minn.App. 9-4-2001)

Clifford Gullickson, et al., Appellants, v. Joseph J. Sicora, M.D., et al., Respondents, Robert A. Pollock, M.D., et al., Defendants. No. C3-00-2135.Minnesota Court of Appeals. Filed September 4, 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 […]

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POTTER v. ERNST YOUNG, 622 N.W.2d 141 (Minn.App. 2001)

Thomas J. Potter, Appellant, vs. Ernst Young, LLP, Respondent. No. CX-00-1435Minnesota Court of Appeals. Filed February 6, 2001. Hennepin County District Court, File No. 98-16727 Page 142 SYLLABUS 1. In a reprisal claim, genuine issues of material facts regarding the causal connection between an employee’s discrimination complaint and the termination of his employment are shown […]

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PAPERMASTER v. WOLF ASSOC., C9-00-82 (Minn.App. 8-22-2000)

Gary Papermaster, Appellant, v. Wolf Associates, Defendant, Arlin A. Wolf, individually, Respondent. No. C9-00-82.Minnesota Court of Appeals. Filed August 22, 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, subd. 3 (1998). Appeal […]

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DECKER v. CITY PAGES, INC., 540 N.W.2d 544 (Minn.App. 1995)

Dale W. DECKER, Relator, v. CITY PAGES, INC., Commissioner of Economic Security, Respondents. No. CX-95-1127.Minnesota Court of Appeals. December 12, 1995. Page 545 Syllabus by the Court 1. The deparment representative’s initial approval of a claimant’s registration for reemployment insurance benefits, the acceptance of the claimant’s periodic reports, and the payment of benefits are evidence […]

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