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McGUIRE v. HENNESSY

Nos. 42607, 42643.

193 N.W.2d 313 (1971)

Ralph McGUIRE, individually and as father and natural guardian of Daniel McGuire, a minor, Respondent, v. Joseph T. HENNESSY, et al., Defendants. Joseph T. HENNESSY and Mary Jane Hennessy, defendants and third-party plaintiffs, Appellants-Respondents, Johnson Bros. Highway and Heavy Constructors, Inc., defendants and third-party plaintiffs, Appellant, v. CITY OF MINNEAPOLIS, third-party defendant, Respondent.

Supreme Court of Minnesota.

December 30, 1971.

Attorney(s) appearing for the Case

King, Rieke, Lommen & Cole, Minneapolis, for Joseph and Mary Jane Hennessy.

Richards, Montgomery, Cobb & Bassford and Lynn G. Truesdell III, Minneapolis, for Johnson Bros.

Chestnut, Jones, Brooks, Kennedy & Burkard, Minneapolis, for Ralph McGuire.

Keith M. Stidd, City Atty., Raymond Hegna, Asst. City Atty., for City of Minneapolis.

Heard before KNUTSON, C. J., and NELSON, OTIS, ROGOSHESKE, and PETERSON, JJ.

OPINION

PER CURIAM.

These are third-party actions brought by defendants in a personal injury suit to secure contribution or indemnity against the city of Minneapolis. The only issue is whether the city was properly served with notice in compliance with Minn.St. 466.05, subd. 1. The lower court held that the notice was inadequate, and we affirm.

One of the plaintiffs in the main action, Daniel McGuire,...

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