Defendant Stracke's motion for summary judgment dismissing the complaint is denied.
The only supporting affidavit is by the defendant's attorney. Subdivision 2 of rule 113 of the Rules of Civil Practice requires the affidavit to be "by a person having knowledge of the facts; it must recite all the material facts; and it must show * * * that the action * * * has no merit". This affidavit has failed in all three of these respects...
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