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SPADARO v. CATHOLIC CEMETERIES

No. CO-82-309.

330 N.W.2d 116 (1983)

Robert N. SPADARO, Respondent, v. The CATHOLIC CEMETERIES, et al., Respondents, and Vincent T. Cavanaugh, petitioner, and intervenor, Appellant.

Supreme Court of Minnesota.

February 25, 1983.

Attorney(s) appearing for the Case

Oppenheimer, Wolff, Foster, Shepard & Donnelly, David C. Donnelly and Paul R. Hannah, St. Paul, for appellant; James H. Colwell, Minneapolis, of counsel.

Meshbesher, Singer & Spence and Gerald M. Singer, Minneapolis, for Spadaro.

Meier, Kennedy & Quinn and Andrew J. Eisenzimmer, St. Paul, for Catholic Cemeteries et al.

Heard, considered and decided by the court en banc.

TODD, Justice.

Margaret Cavanaugh Spadaro is the deceased wife of the plaintiff, Robert N. Spadaro, and the daughter of the intervenor, Vincent T. Cavanaugh. Following his wife's death, the plaintiff arranged for her burial in a family plot in Minneapolis owned by Vincent Cavanaugh. Subsequently, he brought this action to have the body disinterred for reburial in New York State. The trial court, in response to a motion for summary judgment, granted the plaintiff's...

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