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McALLISTER v. INDEPENDENT SCHOOL DISTRICT NO. 306

No. 40211.

149 N.W.2d 81 (1967)

Joe McALLISTER et al., Appellants, v. INDEPENDENT SCHOOL DISTRICT NO. 306 OF HUBBARD COUNTY et al., Respondents.

Supreme Court of Minnesota.

March 3, 1967.

Attorney(s) appearing for the Case

Whitney E. Tarutis, Bemidji, for appellants.

Peterson & Popovich, St. Paul, for respondents.

OPINION

PER CURIAM.

This is an appeal from a judgment dismissing plaintiffs' cause of action1 entered pursuant to an order granting defendants' motion for summary judgment. The motion was made under Rule 56, Rules of Civil Procedure. However, the notice of motion was admittedly not served upon plaintiffs the full 10 days prior to the return date and hearing thereon.2 Because we hold that the stated...

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