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STAPLES v. ZINN

No. 44410.

223 N.W.2d 415 (1974)

Charles STAPLES, et al., Respondents, v. Harold ZINN, Appellant.

Supreme Court of Minnesota.

November 8, 1974.

Attorney(s) appearing for the Case

Coulter, Nelson & Sullivan, V. Owen Nelson, Charles R. Coulter, and George A. Beck, Minneapolis, for appellant.

Gerald C. Magee and Theodore K. Abe, Minneapolis, for respondents.

Heard before KELLY, SCOTT, and McRAE, JJ., and considered and decided by the court en banc.

PER CURIAM.

Appeal from an order of the Hennepin County District Court dated April 19, 1973, denying a motion by defendant for an order dismissing the complaint on the grounds of estoppel by verdict. The trial court treated the motion as one for summary judgment1 and on July 26, 1973, pursuant to Rule 103.03(i), Rules of Civil Appellate Procedure, certified as important and doubtful the following question:

"Generally, the question...

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