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WATTERS v. BUCKBEE MEARS CO.

No. C5-84-584.

354 N.W.2d 848 (1984)

James G. WATTERS, et al., Appellants, v. BUCKBEE MEARS CO., Respondent, Tousley Development Corp., Respondent, City of White Bear Lake, Defendant, Jean T. Goins, Respondent.

Court of Appeals of Minnesota.

September 18, 1984.

Attorney(s) appearing for the Case

Edward T. Donohue, Robert J. Patient, St. Paul, for appellants.

Jeff M. Zalasky, Minneapolis, for respondent Buckbee Mears Co.

Thomas M. Conlin, Michael J. Dwyer, Michael S. Ryan, St. Paul, for respondent Tousley Development Corp.

Randall Sayers, St. Paul, for respondent Jean T. Goins.

Heard, considered and decided by LANSING, P.J., and WOZNIAK and FORSBERG, JJ.

OPINION

LANSING, Judge.

James and David Watters were injured while driving on land used in the past by one of the respondents for mining gravel. They appeal from summary judgment dismissing their claim, contending the trial court erred in finding that (1) respondents had no duty to warn them about dangerous conditions on the property, and (2) the recreational use statute, Minn.Stat. § 87.025-.03 (1982), barred their recovery. We affirm in part and reverse...

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