FLUCK v. JACOBSON MACHINE WORKS, CX-98-1899 (Minn.App. 3-23-1999)

Robert Fluck, Appellant, v. Jacobson Machine Works, Inc., Respondent, A.V. Seeds, Inc., d/b/a Arkansas Valley Seed Company, Respondent. No. CX-98-1899.Minnesota Court of Appeals. Filed March 23, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. […]

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BICHSEL v. STATE, C7-99-39 (Minn.App. 7-27-1999)

MARGARET BICHSEL, Appellant, v. STATE OF MINNESOTA, Respondent, RAMSEY COUNTY, Respondent. No. C7-99-39.Minnesota Court of Appeals. Filed July 27, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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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OLSEN v. PDS HEART INC., A07-0926 (Minn.App. 5-20-2008)

Jeremy Olsen, Relator, v. PDS Heart Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A07-0926.Minnesota Court of Appeals. Filed May 20, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 EX REL. TAYLOR v. SCHOEN, 273 N.W.2d 612 (Minn. 1978)

STATE of Minnesota, ex rel. Ruth TAYLOR, Petitioner, Appellant, v. Kenneth SCHOEN, Commissioner, Minnesota Department of Corrections, et al., Respondents. No. 48240.Supreme Court of Minnesota. September 22, 1978. Appeal from the District Court, Scott County, John Fitzgerald, J. Page 613 Syllabus by the Court 1. We find that the requirements of due process apply to […]

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FITZKE v. FITZKE, 186 Minn. 346 (1932)

243 N.W. 139 ALBERT FITZKE v. ANNA FITZKE.[1] No. 28,957.Supreme Court of Minnesota. June 17, 1932. [1] Reported in 243 N.W. 139. Contract — consideration — compromise. 1. Compromise of disputes and dismissal of pending actions on the merits furnish consideration for a contract. Same — validity and delivery — instructions. 2. Upon the evidence […]

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O’BRIEN MERCANTILE CO. v. BAY LAKE F. G. ASSN., 178 Minn. 179 (1929)

226 N.W. 513 O’BRIEN MERCANTILE COMPANY v. BAY LAKE FRUIT GROWERS ASSOCIATION AND ANOTHER. L. P. HALL, APPELLANT.[1] No. 27,356.Supreme Court of Minnesota. July 19, 1929. [1] Reported in 226 N.W. 513. Transaction was a loan except as to creditors of corporation. 1. Capital stock in a corporation was issued and entered upon the books […]

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STATE v. AMOS, CX-03-42 (Minn.App. 9-2-2003)

State of Minnesota, Respondent, v. Russell Lloyd Amos, Appellant. No. CX-03-42.Minnesota Court of Appeals. Filed September 2, 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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DORGELOH v. MARK, 183 Minn. 265 (1931)

236 N.W. 325 HARRY H. DORGELOH v. A. S. MARK AND ANOTHER.[1] No. 28,338.Supreme Court of Minnesota. April 24, 1931. [1] Reported in 236 N.W. 325. When directed verdict for defendant is proper. 1. If the evidence is such that a verdict in plaintiff’s favor would have to be set aside by the court, not […]

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STATE v. GENEREUX, 272 N.W.2d 33 (Minn. 1978)

STATE of Minnesota, Respondent, v. Thomas Edward GENEREUX, Appellant. No. 47597.Supreme Court of Minnesota. November 3, 1978. Appeal from the District Court, Pennington County, Warren Saetre, J. C. Paul Jones, Public Defender, J. Christopher Cuneo, Asst. Public Defender, Minneapolis, for appellants. Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Jane Prohaska, Sp. Asst. […]

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KAPLAN v. WASHINGTON COUNTY COM. S. SERV., 494 N.W.2d 487 (Minn.App. 1993)

Anthony KAPLAN, Appellant, v. WASHINGTON COUNTY COMMUNITY SOCIAL SERVICES, Respondent, Minnesota Department of Human Services, Respondent. No. C0-92-1073.Minnesota Court of Appeals. January 5, 1993. Appeal from the District Court, Washington County, Joseph R. Quinn, J. Page 488 Syllabus by the Court A person with Tourette Syndrome does not qualify for case management and home and […]

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IN RE MARRIAGE OF NNEBEDUM v. NNEBEDUM, C0-97-1884 (Minn.App. 6-2-1998)

In Re the Marriage of: Ngozi Beatrice Nnebedum, petitioner, Appellant, v. Chimezie Nnebedum, Respondent. No. C0-97-1884.Minnesota Court of Appeals. Filed June 2, 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 […]

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GARCIA v. COMMR. OF PUBLIC SAFETY, C5-97-1380 (Minn.App. 1-13-1998)

Albert Arnold Garcia, petitioner, Respondent, v. Commissioner of Public Safety, Appellant. No. C5-97-1380.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 […]

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McKNIGHT v. BROZICH, 164 Minn. 90 (1925)

204 N.W. 917 A.G. McKNIGHT v. GEORGE L. BROZICH AND OTHERS.[1] No. 24, 620.Supreme Court of Minnesota. July 3, 1925. [1] Reported in 204 N.W. 917. Foreclosure of mortgage not void because made without first obtaining leave of court. The foreclosure sale under a paramount mortgage of real estate, which at the time being is […]

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BRANTNER FARMS, INC. v. GARNER, C6-01-1572 (Minn.App. 6-4-2002)

Brantner Farms, Inc., et al., Appellants, v. Lee B. Garner, et al., Respondents. No. C6-01-1572Minnesota Court of Appeals. Filed June 4, 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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STATE v. CLAY, CX-99-343 (Minn.App. 9-14-1999)

STATE OF MINNESOTA, Respondent, v. NATHAN WEBB CLAY, Appellant. No. CX-99-343.Minnesota Court of Appeals. Filed September 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 (1998). Appeal from the District […]

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PIRNER v. NORTHERN PACIFIC RY. CO., 258 Minn. 379 (1960)

104 N.W.2d 175 JOHN P. PIRNER v. NORTHERN PACIFIC RAILWAY COMPANY AND ANOTHER. No. 37,959.Supreme Court of Minnesota. July 8, 1960. Railroads — crossing — collision of auto with train — negligence of trainmen. 1. While the question is a close one, under the record here there was some evidence from which the jury might […]

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MANTA v. BRAUN, 380 N.W.2d 126 (Minn. 1986)

J.L. MANTA, INC., Respondent, v. Richard P. BRAUN, individually and in his capacity as Commissioner of Transportation for the State of Minnesota, et al., Respondents (C1-85-821), Appellants (C4-85-957), and Rainbow, Inc., Appellant (C1-85-821), Respondent (C4-85-957). Nos. C1-85-821, C4-85-957.Supreme Court of Minnesota. January 17, 1986. ORDER Based upon all the files, records and proceedings herein, IT […]

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BRESSER v. MINNESOTA TRUST CO. OF AUSTIN, C2-97-140 (Minn.App. 9-9-1997)

KAREN A. BRESSER, GUARDIAN AD LITEM FOR NICHOLAS GRANT BRUNS AND GARRETT BRUNS, MINORS, Respondent, v. MINNESOTA TRUST COMPANY OF AUSTIN, defendant and third-party plaintiff, Appellant, v. JANELL GRANT BRUNS, INDIVIDUALLY AND AS CONSERVATOR OF THE ESTATES OF NICHOLAS GRANT BRUNS AND GARRETT ANTHONY BRUNS, ET AL., Third-Party Defendants, KARL O. FRIEDRICHS, INDIVIDUALLY AND AS […]

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STATE v. HENKEMEYER, A03-593 (Minn.App. 4-13-2004)

State of Minnesota, Respondent, v. James Rodney Henkemeyer, Appellant. No. A03-593.Minnesota Court of Appeals. Filed April 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 the District […]

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MADISON v. COMMISSIONER OF PUBLIC SAFETY, 585 N.W.2d 77 (Minn.App. 1998)

Gerald Harry MADISON, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C4-98-120.Minnesota Court of Appeals. October 20, 1998. Review Denied December 15, 1998. APPEAL FROM DISTRICT COURT, RAMSEY COUNTY, GEORGE O. PETERSON, J. Page 78 Syllabus by the Court In appeals to the district court for license reinstatement under Minn.Stat. § 171.19 (1996), when […]

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SMITH v. FEDEX KINKOS OFFICE PRINT, A07-2083 (Minn.App. 10-28-2008)

Barry E. Smith, Relator, v. FedEx Kinkos Office and Print Services Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A07-2083.Minnesota Court of Appeals. Filed October 28, 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 […]

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S.L.D. v. KRANZ, 498 N.W.2d 47 (Minn.App. 1993)

S.L.D., individually and as parent and natural guardian of three children, Respondents, v. Brian Wesley KRANZ, Defendant, COUNTY OF BENTON, defendant and third-party plaintiff, Appellant, v. Laurie KRANZ, Third-Party Defendant. No. C2-92-1835.Minnesota Court of Appeals. March 30, 1993. Appeal from the District Court, Benton County, James A. Morrow. J. Page 48 Syllabus by the Court […]

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STATE v. SCHOLBERG, 393 N.W.2d 247 (Minn.App. 1986)

STATE of Minnesota, Respondent, v. Andrew SCHOLBERG, Appellant. No. C8-86-115.Minnesota Court of Appeals. September 16, 1986. Appeal from the Municipal Court, Hennepin County, James D. Rogers, J. Page 248 Syllabus by the Court A decision to revoke a stay of sentence must be supported by a finding of an intentional violation and a statement of […]

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SCHLIEMAN v. GANNETT MINNESOTA BC., 637 N.W.2d 297 (Minn.App. 2001)

Thomas Schlieman, Appellant, vs. Gannett Minnesota Broadcasting, Inc., n/k/a Multimedia Cablevision, Inc., d/b/a KARE TV, et al., Respondent. No. C0-01-935.Minnesota Court of Appeals. Filed: December 26, 2001. Appeal from the District Court, Hennepin County, Tanya M. Bransford, J., File No. MC002843. Page 298 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

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DANIELS v. STATE, C4-02-12 (Minn.App. 6-25-2002)

Steven Eugene Daniels, petitioner, Appellant, v. State of Minnesota, Respondent. No. C4-02-12.Minnesota Court of Appeals. Filed June 25, 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 […]

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HYLAND HILL NORTH CONDO. v. HYLAND HILL, C0-97-2291 (Minn.App. 8-25-1998)

Hyland Hill North Condominium Association, Inc., Respondent, Appellant, and St. Paul Fire and Marine Insurance Company, Intervenor, v. Hyland Hill Co., et al., Appellants, Respondents, and Berwald Roofing Co., Inc., defendants on cross-claim, Respondent. No. C0-97-2291, C2-97-2308.Minnesota Court of Appeals. Filed August 25, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing […]

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STATE v. KRASKY, 721 N.W.2d 916 (Minn.App. 2006)

STATE of Minnesota, Appellant, v. Edward Richard KRASKY, Respondent. No. A04-2011.Minnesota Court of Appeals. October 3, 2006. Appeal from the District Court, Kandiyohi County, John C. Lindstrom, J. Mike Hatch, Attorney General, St. Paul, MN; and Boyd Beccue, Kandiyohi County Attorney, C.J. Crowell, Assistant County Attorney, Willmar, MN, for appellant. Mary M. McMahon, McMahon Associates […]

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STATE v. AMOS, 262 N.W.2d 435 (Minn. 1978)

STATE of Minnesota, Respondent, v. Donald Ray AMOS, Appellant. No. 47067.Supreme Court of Minnesota. January 20, 1978. Appeal from the District Court, Hennepin County, Allen Oleisky, J. Page 436 C. Paul Jones, Public Defender, Rosalie E. Wahl, Special Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., […]

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L. J. v. PENG, C0-96-2197 (Minn.App. 5-6-1997)

L. J., Appellant, v. Shu Dian Peng, et al., Respondents. No. C0-96-2197.Minnesota Court of Appeals. Filed May 6, 1997. [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 […]

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IN MATTER OF THE WELFARE OF R.A., A07-1180 (Minn.App. 5-27-2008)

In the Matter of the Welfare of R.A., Jr., Child. No. A07-1180.Minnesota Court of Appeals. Filed May 27, 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. 3 (2006). Appeal from the […]

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IN RE SETTLEMENT OF YOUNGQUIST, 203 Minn. 530 (1938)

282 N.W. 272 IN RE SETTLEMENT OF MARTHA YOUNGQUIST AND OTHERS. COUNTY OF REDWOOD v. COUNTY OF RENVILLE.[1] No. 31,762.Supreme Court of Minnesota. November 18, 1938. [1] Reported in 282 N.W. 272. Pauper — settlement — form of relief furnished. An alleged pauper receives relief from the county poor fund when money in the fund […]

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STATE v. STEMPF, 627 N.W.2d 352 (Minn.App. 2001)

State of Minnesota, Respondent, vs. Jack Leroy Stempf, Appellant. No. C4-00-1544Minnesota Court of Appeals. Filed May 29, 2001. Mille Lacs County District Court, File No. K199747 Page 353 SYLLABUS The defendant’s right to a unanimous verdict is violated when the state charges the defendant with only one count of criminal conduct but presents evidence of […]

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STATE v. ANHALT, 630 N.W.2d 658 (Minn.App. 2001)

State of Minnesota, Appellant, vs. Janet Kay Anhalt, Respondent. C2-00-2238Minnesota Court of Appeals. Filed June 19, 2001. Appeal from the District Court, Dakota County, Karen Asphaug, J., File No. K3001172 Page 659 SYLLABUS Where a no-knock provision in a search warrant is void because it is not supported by a sufficient showing, but the police […]

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STATE EX REL. v. GUNDVALDSON, 169 Minn. 335 (1926)

211 N.W. 310 STATE EX REL. MRS. G.C. HENNING v. ELMER GUNDVALDSON AND ANOTHER.[1] No. 25,904.Supreme Court of Minnesota. December 10, 1926. [1] Reported in 211 N.W. 310. Custody of relator’s infant daughter left with child’s aunt for the time being. Under the evidence it is held that notwithstanding the natural right of the relator […]

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BERG v. WESTERN NAT. MUT. INS. CO., 359 N.W.2d 726 (Minn.App. 1984)

Arnold R. BERG, et al., Respondents, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Appellant. No. C1-84-1179.Minnesota Court of Appeals. December 31, 1984. Appeal from the District Court, Hennepin County, Eugene Minenko, J. Page 727 Syllabus by the Court 1. The trial court erred in finding that an error existed in the printed 1978 Minn.Stat. § 65B.49, […]

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MILLER v. ANCHOR CASUALTY CO., 233 Minn. 87 (1951)

45 N.W.2d 705 NELLIE MILLER v. ANCHOR CASUALTY COMPANY AND OTHERS. ALBERT R. MILLER v. SAME.[1] No. 35,468.Supreme Court of Minnesota. January 26, 1951. [1] Reported in 45 N.W.2d 705. Venue — change of venue — statements in affidavit — counteraffidavits in opposition thereto. 1. Where an affidavit is submitted in support of a motion […]

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STATE v. WIRTA, C1-99-473 (Minn.App. 11-2-1999)

STATE OF MINNESOTA, Respondent, v. GARY ROBERT WIRTA, Appellant. No. C1-99-473.Minnesota Court of Appeals. Filed November 2, 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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POULIOT v. FITZSIMMONS, 582 N.W.2d 221 (Minn. 1998)

Janice POULIOT, et al., Respondents, v. Sharon Marie FITZSIMMONS, et al., petitioners, Appellants. No. C3-96-1545.Supreme Court of Minnesota. July 30, 1998. Appeal from the District Court, Tony Leung, J. Page 222 Syllabus by the Court The court of appeals inappropriately substituted its judgment for that of the jury and the trial court when it reversed […]

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STATE v. HUGHES, C7-02-1624 (Minn.App. 4-1-2003)

State of Minnesota, Appellant, v. Ronald Reginald Hughes, Respondent. No. C7-02-1624.Minnesota Court of Appeals. Filed April 1, 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 St. […]

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JOHNSON v. COMM. OF PUBLIC SAFETY, A08-0940 (Minn.App. 6-16-2009)

Beau Richard Johnson, petitioner, Appellant, v. Commissioner of Public Safety, Respondent (A08-940), State of Minnesota, Respondent (A08-1086), v. Beau Richard Johnson, Appellant. Nos. A08-0940, A08-1086.Minnesota Court of Appeals. Filed June 16, 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 […]

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BETCHER v. EBERT, 169 Minn. 337 (1926)

211 N.W. 323 EVELYTH G. BETCHER AND ANOTHER v. HENRY EBERT AND ANOTHER.[1] No. 25,530.Supreme Court of Minnesota. December 17, 1926. [1] Reported in 211 N.W. 323. After redemption from foreclosure by lienor, court will not inquire into amount or validity of his lien. 1. Where a lienor redeems from a mortgage foreclosure sale, the […]

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AMERICAN SURETY CO. v. CUNNINGHAM, 200 Minn. 566 (1937)

275 N.W. 1 AMERICAN SURETY COMPANY OF NEW YORK v. VERNA M. CUNNINGHAM.[1] No. 31,259.Supreme Court of Minnesota. September 3, 1937. [1] Reported in 275 N.W. 1. Principal and surety — action by surety against owner of lost certificate — liability of principal. 1. Owner of lost certificate who secured duplicate certificate upon filing proof […]

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IN RE CURRY, A11-694 (Minn. 7-19-2011)

In re Sheree Rosett Curry, In re the Marriage of: Sheree Rosett Curry v. Michael David Levy. No. A11-694.Supreme Court of Minnesota. Filed July 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1

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IN RE DISCIPLINARY ACTION AGAINST TYLER, 495 N.W.2d 184 (Minn. 1992)

In re Petition for DISCIPLINARY ACTION AGAINST F. Clayton TYLER, an Attorney at Law of the State of Minnesota. No. C2-91-2215.Supreme Court of Minnesota. December 11, 1992. Syllabus by the Court Thirty days’ suspension ordered for intentional and repeated failure to file timely federal and Minnesota individual income tax returns and federal and Minnesota employer’s […]

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LOSCHEIDER v. STATE, A10-1763 (Minn.App. 5-23-2011)

Edward Joseph Loscheider, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-1763.Minnesota Court of Appeals. Filed May 23, 2011. Page 1 [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 […]

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BOLTON v. THE DEPARTMENT OF HUMAN SERVICES, 540 N.W.2d 523 (Minn. 1995)

Malcolm E. BOLTON, Respondent, v. THE DEPARTMENT OF HUMAN SERVICES, State of Minnesota, et al., Petitioners, Appellants. No. C0-94-1711.Supreme Court of Minnesota. December 15, 1995. Appeal from the District Court, Ramsey County, Donald E. Gross, J. Syllabus by the Court Ushering a terminated employee out of the employment facility did not constitute actionable defamation or […]

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NORTHERNAIRE PRODUCTIONS v. COUNTY OF CROW WING, 309 Minn. 386 (1976)

244 N.W.2d 279 NORTHERNAIRE PRODUCTIONS, INC., AND OTHERS v. COUNTY OF CROW WING AND OTHERS. Nos. 45473, 46152.Supreme Court of Minnesota. July 16, 1976. Torts — action for negligent misrepresentation of law — summary judgment dismissing complaints — propriety. County officials are not liable in damages for negligent misrepresentation of law. Action in the Crow […]

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PETERS v. ARCHER-DANIELS-MIDLAND CO., 223 Minn. 168 (1947)

26 N.W.2d 29 JOHN PETERS v. ARCHER-DANIELS-MIDLAND COMPANY AND ANOTHER. JULIUS A. SCHMAHL, RESPONDENT.[1] No. 34,283.Supreme Court of Minnesota. January 4, 1947. [1] Reported in 26 N.W.2d 29. Workmen’s compensation — compensation — determination of extent of liability for permanent partial and permanent total disability. 1. Under Minn. St. 1941, § 176.13 (Mason St. 1941 […]

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DUPAY v. KRUGERS INC., 285 Minn. 523 (1969)

172 N.W.2d 567 NANCY L. DUPAY AND ANOTHER v. KRUGERS INCORPORATED AND OTHERS. No. 41696.Supreme Court of Minnesota. November 28, 1969. Dismissal — with prejudice — propriety. Action in the Anoka County District Court arising out of a collision between an automobile owned and operated by plaintiff Carl Dupay and a truck owned by defendant […]

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SHAW v. JOHNSON, 311 Minn. 237 (1976)

247 N.W.2d 921 JAMES E. SHAW v. WAYNE A. JOHNSON AND OTHERS. JOAN ANDERSON GROWE, APPELLANT. Nos. 47053, 47092.Supreme Court of Minnesota. December 3, 1976. Elections — ballot — use by nonparty candidate of designation “independent” — propriety. Action in the Hennepin County District Court brought by James E. Shaw for a declaratory judgment that […]

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STATE EX REL. GEISELHART v. TAHASH, 274 Minn. 464 (1966)

144 N.W.2d 354 STATE EX REL. GERALD GEISELHART v. RALPH H. TAHASH. No. 40,139.Supreme Court of Minnesota. July 22, 1966. Criminal law — proof of crime — presumption of essential element. 1. We follow the rule that in a criminal case an essential element of a crime may not be presumed from the establishment of […]

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FRANCIS v. LAWSON, A05-1709 (Minn.App. 7-25-2006)

Wendy Francis, petitioner, Respondent, v. Cindy Lawson, et al., Appellants. No. A05-1709.Minnesota Court of Appeals. Filed July 25, 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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ORDERS ON PETITIONS FOR FURTHER REVIEW (Minn. 11-19-2002)

ORDERS ON PETITIONS FOR FURTHER REVIEWSupreme Court of Minnesota. November 19, 2002 1. Margot Siegel, et al. v. City of Minneapolis, et al. C7-01-1676 Granted C4-01-1683 2. State v. Robert Bruce Anderson CX-02-32 Denied 3. County of Blue Earth v. Francis E. Wingen, et al. C0-01-1731 Denied C3-02-17 4. Charles H. Robin, Jr., et al. […]

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McKENZIE v. MINNEAPOLIS POLICE RELIEF ASSN., 181 Minn. 444 (1930)

232 N.W. 797 FORREST F. McKENZIE v. MINNEAPOLIS POLICE RELIEF ASSOCIATION.[1] No. 28,098.Supreme Court of Minnesota. November 7, 1930. [1] Reported in 232 N.W. 797. Mandamus will lie to compel relief association to put member on pension roll. 1. The writ of mandamus may be used to enforce the right of a member of an […]

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MURRAY v. COMMR. OF HUMAN SVCS., C8-97-1633 (Minn.App. 1-20-1998)

Suzanne Murray, Relator, v. Commissioner of Human Services, Respondent. No. C8-97-1633.Minnesota Court of Appeals. Filed January 20, 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 Department […]

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BARAJAS v. STATE, A04-316 (Minn.App. 1-11-2005)

Jorge Valdovinos Barajas, petitioner, Appellant, v. State of Minnesota, Respondent. No. A04-316.Minnesota Court of Appeals. Filed January 11, 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 (2002). Appeal from the […]

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MATTER OF THE WELFARE OF M.R.G., 432 N.W.2d 771 (Minn.App. 1988)

In the Matter of the WELFARE OF M.R.G., Child. No. C9-88-841.Minnesota Court of Appeals. December 6, 1988. Appeal from the District Court, Freeborn County, William R. Sturtz, J. Page 772 Syllabus by the Court The trial court’s findings concerning M.R.G.’s amenability to treatment and public safety interests were clearly erroneous so as to constitute an […]

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OLSON v. BYAM, 176 Minn. 619 (1929)

224 N.W. 256 GUNNAR OLSON v. W. C. BYAM AND ANOTHER.[1] No. 27,034.Supreme Court of Minnesota. March 22, 1929. [1] Reported in 224 N.W. 256. Questions of negligence and contributory negligence of automobile drivers were questions of fact. Under the circumstances stated in the opinion, wherein two cars traveling in opposite directions upon an 18-foot […]

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IN RE ESTATE OF LARSON, 394 N.W.2d 617 (Minn.App. 1986)

In re ESTATE OF G.J. LARSON, a.k.a. Gunard Larson. No. C1-86-666.Minnesota Court of Appeals. October 21, 1986. Review Denied December 12, 1986. Appeal from the County Court, Pope County, Jon E. Stafsholt, J. Syllabus by the Court The trial court did not err in finding undue influence where the exercise of influence was admitted and […]

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MORLOCK v. ST. PAUL GUARDIAN INSURANCE CO., 650 N.W.2d 154 (Minn. 2002)

Dean E. Morlock, et al., petitioners, vs. St. Paul Guardian Insurance Company, Respondent. No. C2-01-340.Supreme Court of Minnesota. Filed: August 29, 2002. Appeal from the Minnesota Court of Appeals, Harten, J. Page 155 SYLLABUS The district court’s use of a jury instruction based on CIVJIG 91.40 was erroneous where appellants did not allege or seek […]

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IN RE TARLAN v. SORENSEN, C1-00-982 (Minn.App. 2-27-2001)

In Re the Marriage of: Leyla Tarlan, petitioner, Appellant, vs. Alan Sorensen, Respondent. No. C1-00-982.Minnesota Court of Appeals. Filed February 27, 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). […]

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IN MATTER OF THE WELFARE OF B.G.H., C6-01-1376 (Minn.App. 4-16-2002)

In the Matter of the Welfare of: B.G.H. No. C6-01-1376.Minnesota Court of Appeals. Filed April 16, 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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HANSON v. HARTMANN, C3-00-160 (Minn.App. 10-24-2000)

Gewain Hanson, d/b/a Willmar Welding and Boiler Repair, Respondent, vs. Michael Hartmann, d/b/a MOM’s Dairy, Appellant. No. C3-00-160.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, […]

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CALHOUN REALTY CO. v. EDGEWATER HOLDING CO., 227 Minn. 40 (1948)

33 N.W.2d 842 G. F. LOHMAN, d. b. a. CALHOUN REALTY COMPANY, v. EDGEWATER HOLDING COMPANY AND OTHERS.[1] No. 34,679.Supreme Court of Minnesota. August 27, 1948. [1] Reported in 33 N.W.2d 842. Corporation — directors and stockholders — agreement constituting act of corporation. 1. An agreement entered into between all the members of the board […]

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LaMAACK v. ADECCO USA INC., A07-1138 (Minn.App. 7-15-2008)

Jerry L. LaMaack, Relator, v. Adecco USA Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A07-1138.Minnesota Court of Appeals. Filed: July 15, 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, […]

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STATE v. ROSS, 491 N.W.2d 658 (Minn. 1992)

STATE of Minnesota, Respondent, v. Justin Nicholas ROSS, Appellant. No. CX-91-2365.Supreme Court of Minnesota. October 30, 1992. Appeal from the District Court, Ramsey County, Margaret M. Marrinan, J. Syllabus by the Court Burglary is not a crime directly involving “dishonesty or false statement” for purposes of Minn.R.Evid. 609(a)(2) and therefore is not automatically admissible for […]

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WILLIAMS v. STATE, A04-1075 (Minn.App. 4-12-2005)

Richard Arthur Williams, petitioner, Appellant, v. State of Minnesota, Respondent. No. A04-1075.Minnesota Court of Appeals. Filed April 12, 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 […]

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IN RE APPLN. CITY OF ROCHESTER, C3-98-464 (Minn.App. 8-18-1998)

IN THE MATTER OF THE APPLICATION BY THE CITY OF ROCHESTER FOR AN ADJUSTMENT OF ITS SERVICE AREA BOUNDARIES WITH PEOPLE’S COOPERATIVE POWER ASSOCIATION, INC. No. C3-98-464.Minnesota Court of Appeals. Filed August 18, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]

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HANNEMAN v. GRATZ, 170 Minn. 38 (1927)

211 N.W. 961 H.H. HANNEMAN v. F.W. GRATZ. H. HAUSER v. F.W. GRATZ.[1] No. 25,693.Supreme Court of Minnesota. January 21, 1927. [1] Reported in 211 N.W. 961. Decision sustained that blue sky law had not been violated. The evidence sustains the findings of fact that the money sought to be recovered of defendant was not […]

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MATTER OF DISCIPLINE OF ARONSON, 352 N.W.2d 17 (Minn. 1984)

In the Matter of the Application for the DISCIPLINE OF Terrence ARONSON, an Attorney at Law of the State of Minnesota. No. C4-84-1161.Supreme Court of Minnesota. July 20, 1984. ORDER The above-entitled matter comes before this court upon the stipulation of the parties which provides as follows: WHEREAS, respondent has concluded it is in his […]

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SALMON v. WHEELABRATOR FRYE, 409 N.W.2d 495 (Minn. 1987)

Workers’ Compensation Court of Appeals Craig A. SALMON, Respondent, v. WHEELABRATOR FRYE, (CONSOLIDATED PRINTING) Employer-Relator, and Aetna Casualty Surety Company, Insurer-Relator, and Minnesota Department of Human Services, et al., Intervenors. No. C0-86-1081.Supreme Court of Minnesota. July 24, 1987. Syllabus by the Court The Workers’ Compensation Court of Appeals correctly applied the standard of review in […]

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STATE v. IOWA BONDING CASUALTY CO., 180 Minn. 160 (1930)

230 N.W. 484 STATE v. IOWA BONDING CASUALTY COMPANY AND ANOTHER.[1] No. 27,666.Supreme Court of Minnesota. April 17, 1930. [1] Reported in 230 N.W. 484. Statute of limitations — actions brought by the state. 1. Under. G. S. 1923 (2 Mason, 1927) § 9186, the statute of limitations applies to actions brought by the state. […]

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PILLANDCO, INC. v. STATE, 718 N.W.2d 470 (Minn.App. 2006)

PILLANDCO, INC., et al., Respondents, v. STATE of Minnesota, Appellant, Henry F. Brown, et al., Defendants. No. A05-1611.Minnesota Court of Appeals. July 25, 2006. Appeal from the District Court, St. Louis County, Gerald C. Martin, J. Page 471 Syllabus by the Court 1. If a previous owner of a severed mineral interest has filed a […]

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IRWIN UNION BANK v. SHERIFF OF WASH. COUNTY, A04-1329 (Minn.App. 4-19-2005)

Irwin Union Bank and Trust Company, Appellant, v. Sheriff of Washington County, et al., Defendants., Elliot Cobb, Respondent. No. A04-1329.Minnesota Court of Appeals. Filed April 19, 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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SOLTIS v. METROPOLITAN TRAIN. CONS., C5-96-2308 (Minn.App. 6-24-1997)

Ann M. Soltis, Respondent, v. Metropolitan Training and Consulting, Relator, Commissioner of the Department of Human Rights, Respondent. No. C5-96-2308.Minnesota Court of Appeals. Filed June 24, 1997. [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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DRCHA v. GREAT NORTHERN RY. CO., 178 Minn. 286 (1929)

226 N.W. 846 GEORGE DRCHA v. GREAT NORTHERN RAILWAY COMPANY.[1] No. 27,715.Supreme Court of Minnesota. October 4, 1929. [1] Reported in 226 N.W. 846. Appeal from nonappealable order dismissed. G. S. 1923 (2 Mason, 1927) § 9495, in so far as it contemplates an appeal from an order granting a first new trial, not for […]

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IN RE MARRIAGE OF ASHLIN v. MORITKO, C7-03-158 (Minn.App. 8-12-2003)

In re the Marriage of: Dennis James Ashlin, petitioner, Appellant, vs. Peggy Ann Moritko, f/k/a Peggy Ann Ashlin, Respondent. No. C7-03-158.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. […]

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FALK v. MASSACHUSETTS MUTUAL LIFE INS. CO., 196 Minn. 341 (1936)

265 N.W. 60 HAROLD N. FALK v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY.[1] No. 30,710.Supreme Court of Minnesota. January 31, 1936. [1] Reported in 265 N.W. 60. Mortgage — redemption — mortgage moratorium law — extension of time — discretion of court. 1. The granting of an extension of time to redeem from a mortgage foreclosure […]

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ZACREP v. ZACREP, CX-99-195 (Minn.App. 7-13-1999)

Elaine P. Zacrep, petitioner, Appellant, v. John Ivan Zacrep, Respondent. No. CX-99-195.Minnesota Court of Appeals. Filed July 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 (1998) Appeal from the […]

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OLSON v. SHEPHARD, 172 Minn. 290 (1927)

215 N.W. 211 EDWARD OLSON v. R.E. SHEPHARD AND OTHERS.[1] No. 26,170.Supreme Court of Minnesota. July 22, 1927. [1] Reported in 215 N.W. 211. Second action to rescind exchange of property barred by adverse decision on the merits in former action. 1. A judgment on the merits in favor of the defendants in a suit […]

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STATE v. MECK, 161 Minn. 334 (1924)

201 N.W. 536 STATE v. W.F. MECK.[1] No. 24,379.Supreme Court of Minnesota. December 26, 1924. [1] Reported in 201 N.W. 536. Delinquent real estate tax list prima facie evidence. 1. A delinquent tax list in proceedings to enforce payment of taxes on real estate makes a prima facie case for the state. Prima facie evidence […]

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STATE v. JONES, A03-1136 (Minn.App. 8-17-2004)

State of Minnesota, Respondent, v. Dale Allen Jones, Appellant. No. A03-1136.Minnesota Court of Appeals. Filed August 17, 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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MATTER OF KNOPS, 536 N.W.2d 616 (Minn. 1995)

In the Matter of Dirk Christian KNOPS. No. C8-94-1309.Supreme Court of Minnesota. August 25, 1995. Appeal from the District Court, Hennepin County, Marilyn J. Justman, J. Page 617 Syllabus by the Court The evidence was sufficient to prove by the clear and convincing standard that respondent was mentally ill and dangerous as defined by Minn.Stat. […]

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DORNQUAST v. COMMISSIONER OF HEALTH, A05-48 (Minn.App. 8-9-2005)

Laurie Ann Dornquast, Relator, v. Commissioner of Health, Respondent. No. A05-48.Minnesota Court of Appeals. Filed August 9, 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 Department […]

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STATE v. MENSEN, A03-907 (Minn.App. 4-13-2004)

State of Minnesota, Respondent, v. James Anthony Mensen, Appellant. No. A03-907.Minnesota Court of Appeals. Filed April 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 the District […]

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WHITE v. METROPOLITAN MEDICAL CENTER, 332 N.W.2d 25 (Minn. 1983)

Rebecca S. WHITE, Relator, v. METROPOLITAN MEDICAL CENTER, Respondent, Commissioner of Economic Security, Respondent. No. C2-82-1445.Supreme Court of Minnesota. April 15, 1983. Appeal from the Department of Economic Security. Page 26 Syllabus by the Court An employee who was dismissed, pursuant to terms of a collective bargaining agreement, for nonpayment of union dues is not […]

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STATE v. G.E.A., A08-1789 (Minn.App. 8-18-2009)

State of Minnesota, Respondent, v. G.E.A., Appellant. No. A08-1789.Minnesota Court of Appeals. Filed August 18, 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 Court, Hennepin […]

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FISCHER v. PAL MANAGEMENT, INC., A04-447 (Minn.App. 12-28-2004)

Alesha Fischer, Relator, v. PAL Management, Inc., Respondent. Commissioner of Employment and Economic Development, Respondent. No. A04-447.Minnesota Court of Appeals. Filed December 28, 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. […]

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WITTE v. WITTE, C8-02-45 (Minn.App. 9-24-2002)

Sandra Dee Witte, n/k/a Sandra Dee Eadie, petitioner, Respondent, County of Olmsted, petitioner, Respondent (C8-02-45), v. David Burnhard Witte, Appellant. Nos. C8-02-45, C7-02-134.Minnesota Court of Appeals. Filed September 24, 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 […]

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