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SMITH v. SENST

Nos. 49100, 51605.

313 N.W.2d 202 (1981)

Bruce SMITH, Respondent, v. Scott SENST, Respondent, Ross Muir, d/b/a Whitewater Tower, Respondent, Citizens Security Mutual Insurance Company, garnishee, Appellant.

Supreme Court of Minnesota.

December 17, 1981.

Attorney(s) appearing for the Case

Holst, Vogel, Erdmann & Vogel, George F. Vogel and Kevin F. Mark, Red Wing, for appellant.

Peterson & Thompson and Duane M. Peterson, Winona, for Smith.

Dingle & Suk and Charles Suk, Rochester, for Senst.

Streater, Murphy, Gernander & Beerling and Kent A. Gernander, Winona, for Muir.

Gross, Von Holtum, Von Holtum, Sieben & Schmidt and David A. Stofferahn, Minneapolis, and Adrian Herbst, Bloomington, for Minnesota Trial Lawyers Ass'n.

Considered and decided by the court en banc without oral argument.

OTIS, Justice.

This is a consolidated appeal from an order and a judgment of the district court in two different proceedings. In Case 41900, Citizens Security Mutual Insurance Company ("Citizens") appeals from an order of the district court denying its motion to reopen the judgment entered against its insured, Scott Senst, pursuant to a negligence action commenced by Bruce Smith.1 The appeal in Case 51605 rises from a garnishment proceedings...

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