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GASSERT v. COMMERCIAL MECHANISMS, INC.

No. 49126.

277 N.W.2d 392 (1979)

Mark GASSERT, a minor, by Howard Gassert, individually, and as father and natural guardian of Mark Gassert, Plaintiffs, v. COMMERCIAL MECHANISMS, INC., et al., Defendants, Dudley Sports Company, etc., et al., Defendants, Independent School District No. 97 of Minnesota, Defendant.

Supreme Court of Minnesota.

As Corrected on Denial of Rehearing April 12, 1979.

Attorney(s) appearing for the Case

Courtney, Gruesen & Petersen and Craig A. Merrill, Duluth, for plaintiff.

Hanft, Fride, O'Brien & Harries, John D. Kelly and Tyrone P. Bujold, Duluth, for Commercial Mechanisms, Inc.

Joyce & McHaffie and Richard T. McHaffie, St. Paul, for Dudley Sports Co., et al.

Halverson, Watters, Bye & Downs, Ltd. and Steven L. Reyelts, Duluth, for Ind. Sch. Dist. No. 97.

Heard before SHERAN, C. J., SCOTT, and WAHL, JJ., and considered and decided by the court en banc.

WAHL, Justice.

Plaintiff Howard Gassert brought suit for injuries sustained by his son when struck by a pitching machine manufactured by defendant Commercial Mechanisms, Inc. (CMI). CMI moved for summary judgment in Carlton County District Court on the ground that, as a defunct Missouri corporation, it was not capable of being sued for injuries occurring after it had dissolved. The trial court denied the motion but certified to this court the following question:<...

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