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NAYLOR v. MINNESOTA DAILY

No. C5-83-39.

342 N.W.2d 632 (1984)

Celeste NAYLOR, Appellant, v. The MINNESOTA DAILY, et al., Respondents, State of Minnesota, Intervenor, Respondent.

Supreme Court of Minnesota.

January 20, 1984.

Attorney(s) appearing for the Case

Schermer, Schwappach, Borkon & Ramstead, Ltd., Barbara L. Heck, Minneapolis, for appellant.

Marshall H. Tanick and Samuel D. Heins, Minneapolis, for respondents Minnesota Daily, et al.; R. Joel Tierney, Minneapolis, of counsel.

Hubert H. Humphrey, III, Atty. Gen., Cooper S. Ashley, Sp. Asst. Atty. Gen., St. Paul, for State of Minn., respondent intervenor.

DeParcq, Perl, Hunegs, Rudquist & Koenig, P.A., Barbara J. Rudquist, Minneapolis, amicus curiae on behalf of Gertrude E. Heuer.

Heard, considered and decided by the court en banc.

TODD, Justice.

Celeste Naylor filed a libel suit against the University of Minnesota student newspaper and other defendants. The suit was dismissed for failure to file notice of claim within 180 days as required by Minn.Stat. § 3.736, subd. 5 (1982). We reverse on the grounds that the failure to file notice is not a jurisdictional prerequisite of the statute.

On March 10, 1980, the student newspaper of the University of Minnesota published a photograph...

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