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FUCHS v. CHEELEY

No. 41824.

173 N.W.2d 358 (1969)

Thomas FUCHS, by Valerian Fuchs, his guardian ad litem, and Valerian Fuchs, individually, Appellants, v. Pat CHEELEY, spec. admr. of the estate of Roger Philippi, Appellant, American Family Mutual Insurance Company of Madison, Wisconsin, garnishee, Respondent.

Supreme Court of Minnesota.

December 19, 1969.

Attorney(s) appearing for the Case

Willenbring & Lickteig, Cold Spring, for appellant Fuchs.

Rufer, Blatti, Hefte, Pemberton & Schulze, Fergus Falls, for appellant Cheeley.

Peterson, Bell & Converse, St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.

OPINION

NELSON, Justice.

Appeal by plaintiff Valerian Fuchs, individually and as guardian ad litem of Thomas Fuchs, and by defendant Pat Cheeley, special administrator of the estate of Roger Philippi, from a summary judgment dated November 7, 1968, dismissing with prejudice plaintiffs' cause of action alleged in supplemental complaints against American Family Mutual Insurance Company of Madison, Wisconsin, garnishee-respondent, and awarding the garnishee...

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