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SCHUETT v. POWERS

No. 42227.

180 N.W.2d 253 (1970)

Kenneth F. SCHUETT, et al., Appellants, v. Marylyn E. Johnson POWERS, Respondent, Virginia Jenk, Defendant.

Supreme Court of Minnesota.

October 2, 1970.

Attorney(s) appearing for the Case

John F. Fletcher, St. Cloud, for appellants.

King, MacGregor & Lommen and Phillip A. Cole, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and NELSON, WILLIAM P. MURPHY, OTIS, and JAMES F. MURPHY, JJ.

OPINION

PER CURIAM.

This is a personal injury action in which the only issue is whether jurisdiction over defendants has been acquired by publication or by service on the commissioner of highways. If not, the statute of limitations has run. The trial court held that service in both instances was fatally defective and we affirm.

1. The accident occurred on May 2, 1963. Defendants were nonresidents. On May 2, 1967, plaintiffs filed their complaint...

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