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BURNER SERV. & COMBUSTION v. CITY OF MINNEAPOLIS

No. 46626.

250 N.W.2d 224 (1977)

BURNER SERVICE AND COMBUSTION CONTROLS CO., INC., Appellant, v. CITY OF MINNEAPOLIS, Respondent.

Supreme Court of Minnesota.

January 27, 1977.

Attorney(s) appearing for the Case

Carlsen, Greiner & Law and Jack D. Elmquist, Minneapolis, for appellant.

Walter J. Duffy, Jr., City Atty., Frank C. LaGrange and Jerome R. Jallo, Asst. City Attys., Minneapolis, for respondent.

Heard before TODD, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Burner Service and Combustion Controls Company, Inc. (Burner), appeals from a judgment entered on January 22, 1976, pursuant to an order by the district court granting the motion for summary judgment of the city of Minneapolis and denying Burner's motion for summary judgment. We reverse.

The issue presented in this appeal is whether the city attorney is, as a matter of law, without authority to bind the city to a stipulation of settlement with...

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