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CITY OF MINNEAPOLIS v. SMITH

No. 44453.

217 N.W.2d 848 (1974)

CITY OF MINNEAPOLIS, Respondent, v. Donald Everett SMITH, Appellant.

Supreme Court of Minnesota.

May 3, 1974.

Attorney(s) appearing for the Case

Dorian W. Zaske, Minneapolis, for appellant.

Keith M. Stidd, City Atty., Frank C. LaGrange, Asst. City Atty., Minneapolis, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

This is an action for restitution. The issue on defendant's appeal from judgment is whether plaintiff's cause of action is barred by Minn.St. 541.07(5). We hold that it is not.

The facts are these: In February 1971, the city of Minneapolis commenced an action in Hennepin County District Court against defendant, a former employee, to recover a total of $590.07 in vacation and sick-leave overpayments mistakenly made to defendant during February and...

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