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SCHUMANN v. McGINN

No. 45069.

240 N.W.2d 525 (1976)

Richard SCHUMANN and Leah M. Peterson, Appellants, v. Michael McGINN, Respondent.

Supreme Court of Minnesota.

March 19, 1976.

Attorney(s) appearing for the Case

David W. Nord, James R. Tschida, St. Paul, for appellants.

R. Scott Davies, City Atty., Daniel L. Ficker, Asst. City Atty., St. Paul, for respondent.

Considered and decided by the court en banc.

NICHOLAS S. CHANAK,* Justice.

Plaintiff Richard Schumann, a minor (hereafter plaintiff), and his mother, plaintiff Leah M. Peterson, brought this tort action against the city of St. Paul (hereafter city) and Michael McGinn, a St. Paul police officer, as defendants. Officer McGinn (hereafter defendant) shot and seriously injured plaintiff, then 15 years old, on the morning of April 9, 1971, while the latter was in flight from an automobile...

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