ALBRIGHT v. HENRY

No. 41400.

174 N.W.2d 106 (1970)

Mary E. ALBRIGHT, formerly Mary E. Metzen, Respondent, v. Eugene D. HENRY and Katherine Henry, Appellants.

Supreme Court of Minnesota.

January 5, 1970.


Attorney(s) appearing for the Case

Terrance S. O'Toole and Marvin J. Morrison, St. Paul, for appellants.

Grannis & Grannis, and Thomas J. Campbell, So. St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, PETERSON, and GRAFF, JJ.


OPINION

GRAFF, Justice.*

This is an appeal from a summary judgment granted by the district court upon plaintiff's motion.

The ultimate question presented is whether the granting of summary judgment was appropriate. The record also presents the question of the effect of granting a new trial on the sole ground that doing so is "in the interest of justice." The record with respect to the facts is meager, much of it covering...

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