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EDGEWATER MOTELS, INC. v. GATZKE

Nos. 48328, 48347.

277 N.W.2d 11 (1979)

EDGEWATER MOTELS, INC., Appellant-Respondent, v. A. J. GATZKE, Respondent-Appellant, B & D Corporation, Inc., d.b.a. The Bellows, Respondent, Walgreen Company, Respondent.

Supreme Court of Minnesota.

January 26, 1979.

Attorney(s) appearing for the Case

Hanft, Fride, O'Brien & Harries and Tyrone P. Bujold and Richard R. Burns, Duluth, for appellant-respondent.

Taylor Law Firm and Elmer W. Foster, Jr., Minneapolis, for Gatzke.

Clarance E. Hagglund, Minneapolis, Joel M. Muscoplat, Minneapolis, for B & D Corp., Inc.

Johnson, Fredin, Killen, Thibodeau & Seiler and John J. Killen, Jr., Duluth, for Walgreen Co.

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

SCOTT, Justice.

This matter consists of two consolidated appeals from the post-trial orders of the St. Louis County District Court. Plaintiff Edgewater Motels, Inc., and defendant A. J. Gatzke contend that the trial judge erred by ordering judgment for defendant Walgreen Company notwithstanding a jury verdict which found that Gatzke, a Walgreen employee, negligently caused a fire in plaintiff's motel while he was in the scope of his employment. Plaintiff also claims...

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