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ANDERSON v. SUNDSTROM

No. 45680.

241 N.W.2d 82 (1976)

Philip R. ANDERSON, Appellant, v. Dennis SUNDSTROM, Respondent.

Supreme Court of Minnesota.

March 19, 1976.

Attorney(s) appearing for the Case

Nurnberger, Gurewitz & Holt, and Roger A. Nurnberger, Minneapolis, for appellant.

Douglass, Bell, Donlin & Sweeney and James R. Gowling and Kenneth R. Talle, St. Paul, for respondent.

Heard before PETERSON, YETKA and BREUNIG, JJ., and considered and decided by the court en banc.

ROBERT J. BREUNIG, Justice.*

Plaintiff appeals from an order determining upon motion that defendant's obligation on a judgment had been discharged in bankruptcy and quashing all legal process to execute thereon. Because plaintiff erroneously believed that the issue of nondischargeability was res judicata, he did not request an evidentiary hearing pursuant to Rule 43.05, Rules of Civil Procedure. Upon the record, we affirm the district...

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