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JADWIN v. CITY OF DAYTON

No. C3-85-1436.

379 N.W.2d 194 (1985)

James A. JADWIN, Mary Jo Jadwin, Respondents, v. CITY OF DAYTON, et al., Appellants, and Earl Dehn, Defendant.

Court of Appeals of Minnesota.

December 24, 1985.

Attorney(s) appearing for the Case

Marshall H. Tanick, Richard J. White, Tanick & Heins, Minneapolis, for respondents.

George C. Hoff, Hoff & Allen, P.A., Eden Prairie, for appellants.

Heard, considered and decided by FOLEY, P.J., and SEDGWICK and LANSING, JJ.

OPINION

LANSING, Judge.

This appeal is from a default judgment in favor of respondents James and Mary Jo Jadwin. The trial court struck appellants' answer and entered judgment for respondents under Minn.R.Civ.P. 37.02. We reverse.

FACTS

James and Mary Jo Jadwin sued the City of Dayton, its mayor, and its council members (in both their official and individual capacities) in Hennepin County District Court. The suit arose when the city denied...

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