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HANSEN v. CITY OF SAINT PAUL

No. 43671.

214 N.W.2d 346 (1974)

Alfred HANSEN, et al., Appellants, v. CITY OF SAINT PAUL, Respondent.

Supreme Court of Minnesota.

January 18, 1974.

Attorney(s) appearing for the Case

Robins, Davis & Lyons, Stanley E. Karon, and Larry R. Fredrickson, St. Paul, for appellants.

Kenneth J. Fitzpatrick, City Atty., and Thomas J. Stearns and Terry F. Sullivan, Asst. City Attys., St. Paul, for respondent.

Heard before KNUTSON, C. J., and KELLY, TODD, and OLSON, JJ. Considered and decided on the record by the court en banc.

O. RUSSELL OLSON, Justice.*

Plaintiffs appeal from an order for summary judgment1 in favor of defendant city. The trial court concluded the city was immune from liability for the negligence alleged in plaintiffs' complaint because of the discretionary function exception of Minn.St. 466.03, subd. 6. We reverse.

On a motion for summary judgment, the evidence must be viewed in the light most favorable...

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