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GARBERG v. COUNTY OF HENNEPIN

No. 43364.

202 N.W.2d 220 (1972)

Virginia GARBERG, trustee for the surviving spouse and next of kin of Rollo Garberg, Deceased, Respondent, v. COUNTY OF HENNEPIN, et al., Appellants.

Supreme Court of Minnesota.

November 10, 1972.

Attorney(s) appearing for the Case

Mahoney, Dougherty, Angell & Mahoney, Minneapolis, for appellants.

Lindquist & Vennum, and Kurtis A. Greenley, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, PETERSON, and MacLAUGHLIN, JJ. Reconsidered on the record by the court en banc.

MacLAUGHLIN, Justice.

The issue on this appeal is whether an action against a municipality for wrongful death must be commenced within 1 year after notice, which is the limitation period provided in the notice-of-claim statute, Minn.St. 466.05, subd. 1, or within 3 years after the act or omission, which is the limitation period provided in the death-by-wrongful-act statute, § 573.02. The trial court ruled that § 573.02 applies and denied defendant's motion...

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