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LEER v. CHICAGO, M., ST. P. & P. RY. CO.

No. 50915.

308 N.W.2d 305 (1981)

William E. LEER, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILWAY COMPANY, Respondent.

Supreme Court of Minnesota.

Rehearing Denied August 14, 1981.

Attorney(s) appearing for the Case

Yaeger & Yaeger, J. Howard Hill and William G. Jungbauer, Minneapolis, for appellant.

Rider, Bennett, Egan & Arundel, Roger R. Roe, Jr., and Kevin C. Dooley, Minneapolis, for respondent.

Hvass, Weismann & King and Reed K. Mackenzie, Minneapolis, for Minnesota Trial Lawyers Assn.

Heard, considered and decided by the court en banc.

SCOTT, Justice.

The Dakota County District Court certified the following question to this court as important and doubtful:1

Are witness statements obtained by a defendant from non-managerial employees who were working with plaintiff at the time of his accident discoverable by plaintiff under Rule 26.02(3), Minnesota Rules of Civil Procedure, or are the same protected from discovery under a claim of attorney-client privilege?<...

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