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KELLY v. CITY OF ROCHESTER

No. 44518.

231 N.W.2d 275 (1975)

Paul F. KELLY and Brian P. Kelly, by Paul F. Kelly, His Parent and Natural Guardian, Appellant, v. CITY OF ROCHESTER, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 16, 1975.

Attorney(s) appearing for the Case

West, Gowan, DeBoer & McIntosh, Rochester, for appellant.

Gerald H. Swanson, City Atty., Rochester, Mahoney, Dougherty & Mahoney, Richard P. Mahoney and Kenneth P. Gleason, Minneapolis, for respondent.

Heard before SHERAN, C. J., and OTIS, KELLY, TODD, and YETKA, JJ., and considered and decided by the court en banc.

KELLY, Justice.

These actions were brought by Paul F. Kelly, individually, and on behalf of his son, Brian, to recover damages for injuries sustained by Brian in a diving accident at a pool owned and operated by the city of Rochester. In each case, the trial court granted the defendant city's motion for summary judgment because of plaintiff's failure to comply with the provisions of Minn.St.1971, § 466.05, subd. 1, requiring notice of claims against municipalities...

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