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SAVCHUK v. RUSH

No. 45556.

245 N.W.2d 624 (1976)

Jeffrey D. SAVCHUK, Respondent, v. Randal RUSH and State Farm Mutual Automobile Insurance Company, garnishee, Appellants.

Supreme Court of Minnesota.

September 10, 1976.

Attorney(s) appearing for the Case

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, O. C. Adamson, II, and James F. Roegge, Minneapolis, for appellants.

Schermer, Schwappach, Borkon & Ramstead and John D. Mariani and Richard I. Diamond, Minneapolis, for respondent.

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

SHERAN, Chief Justice.

Appeal by defendant, Randal Rush, and garnishee, State Farm Mutual Automobile Insurance Company (State Farm), from an order by the district court granting plaintiff's motion to file and serve a supplemental complaint and denying appellants' motion to dismiss the complaint. We affirm the decision of the trial court for these reasons:

(1) Minn.St. 571.41, subd. 2, was enacted by the legislature to permit garnishment of an insurer's obligation...

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