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O'BRIEN v. ESTATE OF MOE

No. C1-84-2008.

370 N.W.2d 436 (1985)

John Michael O'BRIEN, Trustee for the next-of-kin of Sandra O'Brien, decedent, et al., Appellants, v. ESTATE OF Richard MOE, et al., American Motor Sales Corporation, Appellants, City of St. Paul, Respondent, Delta-Queen Steamboat Company, a.k.a. The Mississippi Queen Steamboat, Appellant.

Court of Appeals of Minnesota.

Review Granted October 3, 1985.

Attorney(s) appearing for the Case

Fredric A. Bremseth, Thomas F. Snyker, Stone, Ribble, Bremseth, Meyer & Wood, P.A., Minneapolis, for John Michael O'Brien.

Richard J. Chadwick, George Charles Hottinger, Chadwick, Johnson & Condon, Minneapolis, for Estate of Richard Moe.

Mark S. Olson, Jeanne M. Gode, Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Gregory Reynolds, Tyler, Reynolds, Kenney & Thayer, Detroit, Mich., for American Motor Sales Corp.

Karla F. Hancock, St. Paul, for City of St. Paul.

John H. McGuigan, Jr., Patrick J. McGuigan, McGuigan & McGuigan, St. Paul, for Delta Queen Steamboat Co.

Heard, considered, and decided by WOZNIAK, P.J., and NIERENGARTEN and CRIPPEN, JJ.

SUMMARY OPINION

WOZNIAK, Presiding Judge.

This is an appeal from a summary judgment granted to the City of St. Paul on appellant O'Brien's claim alleging the city's negligence. The city maintains that it is immune under Minn.Stat. § 466.03, subd. 2 (1984), from all suits brought by injured people covered by the Workers' Compensation Act. Appellant O'Brien argues that this statute granting immunity violates the rights of equal protection guaranteed under...

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