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MILLER v. CHOU

No. 46755.

257 N.W.2d 277 (1977)

Jerald MILLER, on Behalf of Himself and as Parent and Guardian Ad Litem of His Natural Son, Troy Miller, and Carol Miller, Respondents, v. Shelley N. CHOU et al., Defendants, Regents of the University of Minnesota, Appellant.

Supreme Court of Minnesota.

June 3, 1977.

Attorney(s) appearing for the Case

J. H. Geraghty, Sp. Atty., and David C. Hutchinson, St. Paul, R. Joel Tierney, University Atty., Minneapolis, for appellant.

Fredrikson, Byron, Colborn, Bisbee & Hansen and Terence M. Fruth and Neil A. Weikart, Minneapolis, for respondents.

DeParcq, Anderson, Perl, Hunegs & Rudquist, Richard G. Hunegs and J. Michael Egan, Minneapolis, amicus curiae seeking affirmance.

Heard and considered by the court en banc.

KELLY, Justice.

This is an appeal from denial of a motion for summary judgment in Hennepin County District Court, which order certified the issue of the immunity of the Regents of the University of Minnesota as important and doubtful. Pursuant to Rule 103.03(i), Rules of Civil Appellate Procedure, the Regents appeal. We remand for further proceedings.

In June 1973, plaintiffs Jerald and Carol Miller were referred...

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