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WOOD v. MARTIN

No. 82-661.

328 N.W.2d 723 (1983)

Donna R. WOOD, Appellant, v. Calvin George MARTIN, Respondent.

Supreme Court of Minnesota.

January 7, 1983.

Attorney(s) appearing for the Case

Cloutier & Musech, Minneapolis, for appellant.

Lommen, Nelson, Sullivan & Cole and Mark Stageberg, Minneapolis, for respondent.

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

SIMONETT, Justice.

This appeal questions the validity of a service of process made under Minn.Stat. § 170.55 (1980), when, at the time service was made on the commissioner of public safety, the named defendant nonresident motorist was deceased. The trial court, on motion, dismissed the action for lack of jurisdiction and insufficient service of process. We affirm.

Plaintiff-appellant Donna R. Wood was injured in a Minnesota auto accident on March 11,...

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