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HUVER BY HUVER v. OPATZ

No. C4-85-585.

392 N.W.2d 237 (1986)

Timothy John HUVER, a minor, by his father, John HUVER, and John Huver, Respondents, v. Cheryl OPATZ, et al., Defendants, LeSauk Township, petitioner, Appellant.

Supreme Court of Minnesota.

August 15, 1986.

Attorney(s) appearing for the Case

Michael J. Ford, St. Cloud, for appellant.

Robert J. King, Minneapolis, for respondents.

Heard, considered and decided by the court en banc.

WAHL, Justice.

This appeal arose from an order for summary judgment dismissing a personal injury action against LeSauk Township. Timothy John Huver, injured in a motor vehicle accident on a townline road between LeSauk Township and St. Wendel Township in Stearns County, sued both townships, alleging negligent design and maintenance of the road. The trial court granted summary judgment for LeSauk on the ground that a 1970 agreement between the townships had allocated...

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