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ZULESKI v. PIPELLA

No. 46372.

245 N.W.2d 586 (1976)

Daniel A. ZULESKI, Individually, and as Custodian for Richard Zuleski, a Minor, and Betty L. Zuleski, Appellants, v. Michael PIPELLA, et al., Respondents, New Markets, Inc., Defendant.

Supreme Court of Minnesota.

Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

Pokorny & Erickson and Wayne A. Pokorny, Minnetonka, for appellants.

Fredrikson, Byron, Colborn, Bisbee & Hansen and Jerome B. Pedersen and John A. Satorius, Minneapolis, for respondents.

Considered and decided by the court without oral argument.

PER CURIAM.

Plaintiffs appeal from an order of the district court denying their motion to reinstate their cause of action on the general term calendar and granting defendant's motion to dismiss pursuant to Rule 37.04 and Rule 41.02(1), Rules of Civil Procedure. We affirm.1

The action was commenced in February 1972. Plaintiffs filed a note of issue on August 11, 1972. On February 28, 1973, they were notified that if the case was...

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