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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by […]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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BIO-LINE INC. v. WILFLEY, 365 N.W.2d 338 (Minn.App. 1985)

BIO-LINE INC., Kyron Michaelson, Respondents, v. Harold WILFLEY, et al., Petitioners, v. CREATIVE COSMETICS, INC., et al., Additions Counter-Claim Defendants. No. C5-85-112.Minnesota Court of Appeals. April 9, 1985. Appeal from the District Court, Hennepin County, Charles A. Porter, J. Page 339 Syllabus by the Court The trial court improperly ordered a default judgment and dismissal […]

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HANSON v. HACKLEY, C7-98-1410 (Minn.App. 2-2-1999)

Charles Earl Hanson, Appellant, v. David Hackley, et al., Respondents. No. C7-98-1410.Minnesota Court of Appeals. Filed February 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 […]

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STATE v. DODIS, 314 N.W.2d 233 (Minn. 1982)

STATE of Minnesota, Respondent, v. John DODIS, Appellant. No. 50394.Supreme Court of Minnesota. January 15, 1982. Appeal from the District Court, Ramsey County, James M. Lynch, J. Page 234 Syllabus by the Court 1. The evidence was sufficient beyond a reasonable doubt to support a jury verdict of murder in the second degree. 2. The […]

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STATE v. CRAIG, C4-98-2322 (Minn.App. 3-16-1999)

State of Minnesota, Respondent, v. Troy Allen Craig, Appellant. No. C4-98-2322.Minnesota Court of Appeals. Filed March 16, 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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IN RE MARRIAGE OF CHUNG v. CHUNG, A09-0231 (Minn.App. 9-15-2009)

In re the Marriage of: Huyen Thi Chung, petitioner, Appellant, v. Phuong Khai Chung, Respondent. No. A09-0231.Minnesota Court of Appeals. Filed September 15, 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. […]

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PLUNKETT v. PLUNKETT, A09-1218 (Minn.App. 8-17-2010)

Tyrone McKinley Plunkett, petitioner, Appellant, v. Erin Plunkett, n/k/a Erin Hunter, Respondent. Nos. A09-1218, A09-1228.Minnesota Court of Appeals. Filed August 17, 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). […]

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PETITION OF D A TRUCK LINE, INC., 524 N.W.2d 1 (Minn.App. 1994)

In the Matter of the Petitions of: D A TRUCK LINE, INC., (C3-94-763), Carrier Permit No. 61593, Arthur T. Mulvihill, d/b/a Bloomington Transfer, (C5-94-764), Carrier Permit No. 33895, Allen Metcalf Moving Storage Co., Inc., (C7-94-765), Carrier Permit No. 2620, Linderholm Trucking, Inc., (C9-94-766), Carrier Permit No. 37195, Winter Truck Line, Inc., (C0-94-767), Carrier Permit No. […]

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ABSETZ v. McCLELLAN, 207 Minn. 202 (1940)

290 N.W. 298 ELLA F. ABSETZ v. CLARENCE McCLELLAN AND OTHERS. LUKE F. BURNS AND F. J. MOILAN, APPELLANTS.[1] No. 32,389.Supreme Court of Minnesota. February 16, 1940. [1] Reported in 290 N.W. 298. Taxation — tax title proceedings to divest owner of title — statutory requirements. 1. In tax title proceedings to divest the owner […]

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DAVIS v. RE-TRAC MANUFACTURING CORP., 276 Minn. 116 (1967)

149 N.W.2d 37 RALPH C. DAVIS v. RE-TRAC MANUFACTURING CORPORATION. No. 40,075.Supreme Court of Minnesota. February 24, 1967. Fraud — sufficiency of evidence. A verdict for the plaintiff in an action for damages caused by fraud is held to be sustained by the evidence. Action in the Hennepin County District Court for the recovery of […]

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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 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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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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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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STATE v. SCHULTZ, A10-44 (Minn.App. 8-17-2010)

State of Minnesota, Respondent, v. Jared Schultz, Jr., Appellant. No. A10-44.Minnesota Court of Appeals. Filed August 17, 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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MANSON v. DAIN BOSWORTH INCORPORATED, 623 N.W.2d 610 (Minn.App. 1998)

Dennis Manson, et al., Appellants, vs. Dain Bosworth Incorporated, et al., Respondents. No. C8-98-458.Minnesota Court of Appeals. Filed July 28, 1998. Hennepin County District Court, File No. 9712115 Page 611 SYLLABUS I. The Minnesota Rules of Civil Procedure govern the method and proper recipient for service of an application in district court to confirm, modify, […]

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STEDMAN v. NORLIN, 243 Minn. 389 (1955)

68 N.W.2d 393 ALFRED STEDMAN, BY HUBERT Q. STEDMAN, GUARDIAN AD LITEM, v. AUGUST NORLIN AND OTHERS.[1] No. 36,316.Supreme Court of Minnesota. January 14, 1955. [1] Reported in 68 N.W.2d 393. Automobiles — negligence of driver — swerving onto shoulder — directed verdict justified. 1. A motorist has right to assume, until the contrary appears, […]

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JOHNSON v. CITY OF PLAINVIEW, 431 N.W.2d 109 (Minn. 1988)

Robert JOHNSON, Jr., Deceased, Employee/Respondent, v. CITY OF PLAINVIEW, Minnesota, League of Minnesota Cities Insurance Trust/Employee Benefit Administration, Employer/Appellants, and Commissioner of Labor and Industry, as Administrator of Peace Officers Benefit Fund, Relator. Ethel HARDEL, spouse of Carl Hardel, Deceased, Employee/Respondent, v. STATE of Minnesota, PEACE OFFICERS BENEFIT FUND, Relator. Nos. C5-88-643, C8-88-653 and C6-88-716.Supreme […]

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IN RE DIS. ACTION AGAINST, 796 N.W.2d 158 (Minn. 2011)

In re Petition for DISCIPLINARY ACTION AGAINST Arlie Martin FUNDAUN, a Minnesota Attorney, Registration No. 202071. No. A10-1515.Supreme Court of Minnesota. April 18, 2011. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Arlie Martin Fundaun committed professional misconduct warranting public discipline, namely, failure […]

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IN RE MARTIN v. MARTIN, C0-97-881 (Minn.App. 12-30-1997)

In re Marriage of: Linda Lee Martin, petitioner, Respondent, v. John Harold Martin, Appellant. No. C0-97-881.Minnesota Court of Appeals. Filed December 30, 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 […]

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STATE v. OLIVER IRON MINING CO., 198 Minn. 385 (1936)

270 N.W. 609 IN RE PROCEEDINGS TO ENFORCE PAYMENT OF DELINQUENT REAL ESTATE TAXES, ST. LOUIS COUNTY. STATE v. OLIVER IRON MINING COMPANY AND OTHERS.[1] No. 30,723.Supreme Court of Minnesota. December 11, 1936. [1] Reported in 270 N.W. 609. Taxation — review of tax proceeding. 1. The rule guiding this court in the review of […]

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STATE v. CABRERA, 700 N.W.2d 469 (Minn. 2005)

STATE of Minnesota, Respondent, v. Christopher Fausto CABRERA, Appellant. No. A04-1306.Supreme Court of Minnesota. July 28, 2005. Appeal from the District Court, Hennepin County, Anne McKinsey, J. Page 470 SYLLABUS In the interests of justice and in the exercise of the court’s supervisory powers, the prosecutor’s improper injection of race into closing argument warrants reversal […]

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DANIELSON v. FITZSIMMONS, 232 Minn. 149 (1950)

44 N.W.2d 484 STANLEY E. DANIELSON v. ROBERT F. FITZSIMMONS. GRACE H. CARLSON, APPELLANT.[1] Supreme Court of Minnesota. No. 35,450. November 1, 1950. [1] Reported in 44 N.W.2d 484. United States — representative in congress — nature of office and qualifications. 1. The office of representative in congress is a federal office created by the […]

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MERTZ v. H. D. HUDSON MFG. CO., 194 Minn. 636 (1935)

261 N.W. 472 JENNIE E. MERTZ AND OTHERS v. H. D. HUDSON MANUFACTURING COMPANY. I. O. ALTENBURGER v. SAME.[1] Nos. 30,433, 30,434, 30,435.Supreme Court of Minnesota. June 14, 1935. [1] Reported in 261 N.W. 472. License — sale or exchange of stock. 1. Defendant corporation amended its articles of incorporation so as to reduce the […]

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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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