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OLSON v. BURT

No. 45650.

239 N.W.2d 212 (1976)

Gordon L. OLSON, Respondent, v. Roy BURT, et al., defendants and third-party plaintiffs, Appellants, v. CONCERNED NEIGHBORS, a.k.a. Concerned Citizens, etc., et al., third-party defendants, Respondents, Linda Ketokoski, third-party defendant, Respondent.

Supreme Court of Minnesota.

January 30, 1976.

Attorney(s) appearing for the Case

Daniel A. Utter, Minneapolis, for appellants.

Walter Baker, Minneapolis, for Gordon Olson.

Knittle, Hedin, Messinger & Leick and William F. Messinger, Minneaplis, for Concerned Neighbors, etc.

Theodore K. Abe, Minneapolis, for Linda Ketokoski.

Heard before ROGOSHESKE, YETKA and AMDAHL, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Appeal from an order of the Hennepin County District Court dismissing appellants' third-party complaint. The matter came before that court on the motion of the respondents for judgment on the pleadings, or, alternatively, summary judgment.1 The court's order dismissing appellants' third-party complaint for "failure to state a cause of action upon which relief can be granted" was entered and filed with the clerk of court...

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