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GARRITY v. KEMPER MOTOR SALES

No. 40456.

159 N.W.2d 103 (1968)

Thomas P. GARRITY, Appellant, v. KEMPER MOTOR SALES, et al., Defendants, Chrysler Motors Corporation, Respondent.

Supreme Court of Minnesota.

May 3, 1968.

Attorney(s) appearing for the Case

Stanley J. Mosio, St. Paul, for appellant.

Faegre & Benson and Lawrence C. Brown, Minneapolis, for respondent.

OPINION

ROGOSHESKE, Justice.

Appeal from a judgment dismissing plaintiff's action against defendant Chrysler Motors Corporation.

Plaintiff's action was dismissed upon a motion pursuant to Rule 37.04, Rules of Civil Procedure, and defendant was awarded $50 in "costs and attorneys' fees" for plaintiff's "wilful" failure to answer a set of five interrogatories served upon him. The issues raised are: (1) Was the evidence sufficient to establish the fact...

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