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TAMMI v. CONTINENTAL INS. CO.

No. CO-85-2379.

387 N.W.2d 1 (1986)

Roy TAMMI, Respondent, v. CONTINENTAL INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

May 13, 1986.

Attorney(s) appearing for the Case

Mark A. Munger, MacDonald, Munger & Downs, Duluth, for respondent.

Frederick Dudderar, Jr., Hanft, Fride, O'Brien, Haries, Swelbar & Burns, Duluth, for appellant.

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

MEMORANDUM OPINION

WOZNIAK, Judge.

In December 1985, the trial court, upon motion by Roy Tammi, vacated a summary judgment based upon Minn.R.Civ.P. 60.02. The trial court stated that it erred in granting summary judgment due to a misconception of the law or the mistake or neglect of Tammi's counsel. The trial court noted that, had it been aware of Loram Maintenance of Way, Inc. v. Consolidated Rail Corp., 354 N.W.2d 111

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