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MURPHY v. MILBANK MUT. INS. CO.

Nos. C4-83-1439, C0-83-1499.

344 N.W.2d 896 (1984)

Mary E. MURPHY, individual and as trustee for the heirs of Gary K. Murphy, Appellant, v. MILBANK MUTUAL INSURANCE COMPANY, Respondent, Kemper Insurance Company, Respondent.

Court of Appeals of Minnesota.

March 7, 1984.

Attorney(s) appearing for the Case

David Sandberg, Forest Lake, for appellant.

Sally Holmgren, Minneapolis, for Milbank Mut. Ins. Co.

Mark Pfister, Minneapolis, for Kemper Ins. Co.

Considered and decided by POPOVICH, C.J., PARKER and WOZNIAK, JJ., without oral argument.

MEMORANDUM OPINION AND ORDER

POPOVICH, Chief Judge.

FACTS

By order dated January 5, 1984, this Court sua sponte dismissed the appeal in Case No. C4-83-1439 and C0-83-1499 because: a) the orders appealed from were nonappealable; b) the notice of appeal was not timely filed; and c) the Supreme Court had denied discretionary review September 30, 1983.

After dismissal, respondent, Kemper Insurance Company, petitioned for costs and disbursements...

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