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STEVENS v. LYCAN & CO.

Nos. 38,085, 38,086.

259 Minn. 106 (1960)

105 N.W. (2d) 889

CLARA M. STEVENS AND ANOTHER v. LYCAN & COMPANY AND OTHERS. WILLIAM OLSON AND ANOTHER, APPELLANTS.

Supreme Court of Minnesota.

November 18, 1960.

Attorney(s) appearing for the Case

Thomas M. Hilligan and Cann & Schmidt, for appellants.

Montague, Applequist, Lyons, Nolan, Nordine & Knetsch, for respondent Lycan & Company.

Romaine R. Powell and Edward E. Dessert, for respondent Stevens.

KNUTSON, JUSTICE.

This is an appeal from an order denying a motion of defendants William Olson and James Deneen for dismissal of the action as to them on the ground that the complaint fails to state facts upon which relief may be granted against them. The trial court treated the motion as one for summary judgment and certified the question presented as important and doubtful. We shall so treat it, and, as such, it is appealable...

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