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HOFF v. KEMPTON

No. 81-298.

317 N.W.2d 361 (1982)

Beryl J. HOFF, Respondent, v. Merle S. KEMPTON, Appellant, Travelers Insurance Company, Garnishee.

Supreme Court of Minnesota.

March 26, 1982.

Attorney(s) appearing for the Case

Alex B. Leibel & Assoc. and Robert Drevlow, Minneapolis, for appellant.

Oberg & Mannikko and Joseph Mannikko, Wayzata, for respondent.

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

OPINION

SIMONETT, Justice.

This is an appeal from an order denying defendant Kempton's motion to dismiss for lack of jurisdiction pursuant to Rush v. Savchuk, 444 U.S. 320, 100 S.Ct. 571, 62 L.Ed.2d 516 (1980). Upon request of defendant, the district court thereafter certified as "important and doubtful" pursuant to Minn.R.Civ.App.P. 103.03(i) the question of whether Rush v. Savchuk should be retroactively applied...

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