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FISCHER v. PERISIAN

No. 37,413.

251 Minn. 166 (1957)

86 N.W. (2d) 737

OSCAR C. FISCHER v. LEO PERISIAN, d.b.a. PERISIAN EQUIPMENT COMPANY, AND ANOTHER.

Supreme Court of Minnesota.

December 13, 1957.

Attorney(s) appearing for the Case

Field, Arvesen & Donoho, for appellant.

Clifford G. Nelson, for respondent.

MURPHY, JUSTICE.

This matter is before us on motion to dismiss an appeal taken by the defendant Leo Perisian from an order of the District Court of Wadena County dated July 18, 1957. The order was made pursuant to the plaintiff's motion for a dismissal without prejudice in an action in tort for negligence under Rule 41.01(2) of Rules of Civil Procedure, which provides that an action may be dismissed on order of the court...

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