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JENKINS v. BD. OF ED. OF MINNEAPOLIS, ETC.

No. 44057.

228 N.W.2d 265 (1975)

Daniel J. JENKINS, a Minor, by and Through His Parents and Natural Guardians, Benjamin J. Jenkins, and Benjamin J. Jenkins and Judith K. Jenkins, Individually, Appellants, v. BOARD OF EDUCATION OF MINNEAPOLIS SPECIAL SCHOOL DISTRICT NO. 1, Respondent, Sidney Buchanan, et al., Defendants.

Supreme Court of Minnesota.

April 11, 1975.

Attorney(s) appearing for the Case

Cohen, Budd & Douglas, Ronald E. Budd and Bruce C. Douglas, Minneapolis, for appellants.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and J. Richard Bland and O. C. Adamson II, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, PETERSON, and MULALLY, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This action was brought by Benjamin and Judith Jenkins, individually and on behalf of their son, Daniel, to recover damages against defendant school board for injuries sustained by Daniel when he was assaulted by a fellow student on his school grounds. The trial court granted defendant summary judgment on finding plaintiffs failed to give the board notice within 30 days as required by Minn.St.1971, §...

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