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TUCKER v. PAHKALA

No. 47898.

268 N.W.2d 728 (1978)

Mary Lou TUCKER, as Trustee for the Heirs of Harold M. Tucker, Deceased, Appellant, v. Edwin E. PAHKALA, et al., Respondents.

Supreme Court of Minnesota.

July 14, 1978.

Attorney(s) appearing for the Case

Erickson, Erie & Odland, Crookston, for appellant.

Powell, Drahos, Baer & Anderson, Bemidji, for respondents.

Heard before PETERSON, SCOTT and GODFREY, JJ., and considered and decided by the court en banc.

OTIS H. GODFREY, Jr., Justice.*

This is a wrongful death action commenced by the trustee for the heirs of Harold M. Tucker. At trial, plaintiff objected to the admission of the results of a blood-alcohol test, claiming that the blood sample was taken from Harold Tucker in violation of the implied-consent law, Minn.St. 169.123. The trial court overruled the objection and admitted the evidence. The jury found in favor of defendants, and...

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