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PIERSON v. EDSTROM

No. 41783.

174 N.W.2d 712 (1970)

James H. PIERSON, Appellant, v. Merle A. EDSTROM, Respondent.

Supreme Court of Minnesota.

February 13, 1970.

Attorney(s) appearing for the Case

Meagher, Geer, Markham & Anderson and O. C. Adamson, II, and M. J. Coyne, Minneapolis, for appellant.

Carroll, Cronan, Roth & Austin, and Edward Soshnik, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, SHERAN and FRANK T. GALLAGHER, JJ.

OPINION

KNUTSON, Chief Justice.

This is an appeal from a judgment for defendant.

The facts were previously reported in Pierson v. Edstrom, 281 Minn. 102, 160 N.W.2d 563, where we granted plaintiff a new trial on the grounds of erroneous admission of prejudicial testimony. For purposes of this appeal the facts are summarized below.

On February 6, 1965, plaintiff, James H. Pierson, called his wife at 12:30...

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