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YATES v. HANNA MIN. CO., INC.

No. C7-84-1073.

365 N.W.2d 783 (1985)

Wiley K. YATES and Mary Yates, Appellants, v. HANNA MINING COMPANY, INC., Defendant and Third Party Plaintiff, Respondent, Abe W. Mathews Engineering Company, Third Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Denied June 24, 1985.

Attorney(s) appearing for the Case

Russell A. Ingebritson, Minneapolis, for Wiley K. Yates and Mary Yates.

Halverson, Watters, Bye, Downs & Maki, Duluth, for Hanna Mining Co., Inc.

Hanft, Fride, O'Brien & Harries, Duluth, for Abe W. Mathews Engineering Co.

Heard, considered, and decided by WOZNIAK, P.J., and PARKER and HUSPENI, JJ.

OPINION

HUSPENI, Judge.

This is a slip and fall case. Appellant Wiley Yates (Yates) appeals the court's denial of his motions for new trial and for judgment n.o.v. He contends that the court erred by refusing him the opportunity to comment on jury instructions and by submitting misleading instructions to the jury. Respondent Mathews Engineering (Mathews) filed a notice of review contesting a jury instruction that it had a nondelegable duty to provide Yates...

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