HERRMANN v. FOSSUM

No. 47834.

270 N.W.2d 18 (1978)

Bernadine D. HERRMANN, et al., Appellants, v. John C. FOSSUM, Respondent, Michael DuMoulin, Defendant, City of Burnsville, Respondent.

Supreme Court of Minnesota.

August 11, 1978.


Attorney(s) appearing for the Case

Stuart E. Gale and Kenneth G. Treinen, Jr., Bloomington, for appellants.

Clarence E. Hagglund and Robert M. Pearson, Minneapolis, for Fossum.

Lommen & Cole and Thomas E. Peterson, Minneapolis, for City of Burnsville.

Considered and decided by the court without oral argument.


OTIS, Justice.

This is an action to recover damages for wrongful trespass and conversion of plaintiffs' personal property by employees of the City of Burnsville.

This appeal is taken from summary judgment for the defendant City of Burnsville. The action against individual employees remains to be tried. Since the pleadings, deposition, and affidavits which were before the district court set forth facts which would support a judgment against the city if proved...

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