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SMITH v. KNOWLES

No. 48963.

281 N.W.2d 653 (1979)

Clinton E. SMITH, as trustee for the heirs at law of Diane R. Smith, decedent, and Clinton E. Smith, as trustee for the heirs at law of Baby Girl Smith, decedent, Appellant, v. Dr. William David KNOWLES, Respondent.

Supreme Court of Minnesota.

May 18, 1979.

Attorney(s) appearing for the Case

Rischmiller, Wasche & Knippel and Robert Wm. Rischmiller, Minneapolis, for appellant.

Gislason, Dosland, Malecki, Gislason & Halvorson, S. P. Gislason, and C. Allen Dosland, New Ulm, for respondent.

Heard before KELLY, SCOTT, and WAHL, JJ., and considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal by plaintiff, Clinton E. Smith, as trustee for the heirs of Diane Smith (his wife) and Baby Girl Smith (his stillborn child), from an order of the district court in Blue Earth County dismissing plaintiff's wrongful death actions against defendant, Dr. William David Knowles. The dismissals were granted, upon motion of defendant at the close of plaintiff's case, on the ground that the plaintiff...

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