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HANSEN v. D. M. & I. R. RY. CO.

No. 43389.

195 N.W.2d 814 (1972)

Steven HANSEN, a minor, by his father and natural guardian, Bennett Hansen, et al., Respondents, v. D. M. & I. R. RY. CO., et al., Defendants, Dennis Signorelli, Respondent. D. M. & I. R. RY. CO., Defendant and Third-Party Plaintiff, Appellant, v. CITY OF DULUTH, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

March 10, 1972.

Attorney(s) appearing for the Case

Sullivan, Hanft, Hastings, Fride & O'Brien, and Tyrone Bujold, Duluth, for appellant.

Spellacy & Lano, Grand Rapids, for Hanson.

Palmer, Hood, Crassweller & McCarthy, Duluth, for Signorelli.

Applequist, Nolan, Donovan, Larson, Barnes & Mathias, Duluth, for City of Duluth.

Heard before KNUTSON, C. J., and MURPHY, OTIS, and PETERSON, JJ.

OPINION

PER CURIAM.

Appeal from an order of the district court granting a third-party defendant's motion for dismissal of the third-party complaint. The appeal raises the issue of whether notice to a municipality of a third-party claim for contribution or indemnity is timely under Minn. St. § 466.05 if given within 30 days of the date suit was commenced against the third-party plaintiff, even though more than 30 days have elapsed since the date of the...

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