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DOLLAR TRAVEL AGENCY v. NORTHWEST AIRLINES

No. C2-84-705.

354 N.W.2d 880 (1984)

DOLLAR TRAVEL AGENCY, INC., etc., et al., Appellants, v. NORTHWEST AIRLINES, INC., Respondent, Air Traffic Conference of America, a Division of Air Transport Association of America, Respondent.

Court of Appeals of Minnesota.

September 25, 1984.

Attorney(s) appearing for the Case

Manly A. Zimmerman, Zimmerman & Bix, Minneapolis, for appellants.

David A. Ranheim, Dorsey & Whitney, Minneapolis, for Northwest Airlines, Inc.

William Z. Pentelovitch, Maslon, Edelman, Borman & Brand, Minneapolis, for Air Traffic Conference of America, a Division of Air Transport Association of America.

Considered and decided by PARKER, P.J., and FOLEY and HUSPENI, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

The trial court summarily dismissed Dollar Travel's fraud claims against the Air Traffic Conference (ATC) and Northwest Airlines for failure to state a claim upon which relief can be granted. The court also found that Dollar Travel's complaint against ATC is barred by res judicata. The trial court awarded ATC and Northwest attorneys' fees in recognition of Dollar Travel's "classic abuse of process." Dollar Travel appeals. We affirm...

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