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SAVCHUK v. RUSH

No. 45556.

272 N.W.2d 888 (1978)

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

Supreme Court of Minnesota.

October 20, 1978.

Attorney(s) appearing for the Case

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

Minnesota Trial Lawyers Assn., Robert J. Milavetz and Karen Ives, Minneapolis, for amicus curiae.

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

Considered and decided by the court en banc.

WAHL, Justice.

On remand from the United States Supreme Court for further consideration in light of Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977). For the reasons below, we distinguish Shaffer v. Heitner, supra, and hold that the assertion of jurisdiction pursuant to Minn.St. 571.41, subd. 2, as limited by our earlier decision in Savchuk v. Rush, Minn., 245 N.W.2d 624

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