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MacBETH v. MONDRY

No. CO-86-111.

392 N.W.2d 24 (1986)

Rosemary MacBETH, et al., Respondent, v. Vernon MONDRY, d.b.a. Cannon River Speedway, Appellant, James Hermel, Defendant.

Court of Appeals of Minnesota.

August 12, 1986.

Attorney(s) appearing for the Case

Randall C. Berkland, Blethen, Gage & Krause, Mankato, for respondent.

Henry A. Cousineau, Jr., Mark A. Gwin, Cousineau, McGuire, Shaughnessy & Anderson, Chtd., Minneapolis, for appellant.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and FORSBERG, JJ.

OPINION

FORSBERG, Judge.

This appeal is from an amended judgment entered for respondents Rosemary MacBeth and Gary Schaefer following the granting of their motion for judgment notwithstanding the verdict. The jury found appellant Vernon Mondry and defendant James Hermel not negligent. The court, in addition to granting judgment NOV, ordered a new trial in the event of a reversal of the judgment. We reverse.

FACTS

Appellant Vernon Mondry...

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