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BELTON v. CITY OF MINNEAPOLIS

No. CO-86-464.

393 N.W.2d 244 (1986)

Ernestine W. BELTON, Appellant, v. The CITY OF MINNEAPOLIS, Minnesota, Hennepin County Department of Social Services, Greater Minneapolis Day Care Association, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied November 19, 1986.

Attorney(s) appearing for the Case

Peter W. Brown, Minneapolis, for appellant.

Bob Alfton, Minneapolis City Atty., Gary J. Hjort, Asst. City Atty., Minneapolis, for The City of Minneapolis.

Thomas J. Johnson, Hennepin Co. Atty., Leonard D. Brod, Asst. Co. Atty., Minneapolis, for Hennepin County Dept. of Social Services.

Frederick E. Finch, Minneapolis, for Greater Minneapolis Day Care Ass'n.

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

OPINION

CRIPPEN, Judge.

This case raises the question whether the unreasonable and inexcusable length of plaintiff's delay, without a separate showing of substantial prejudice to defendant, is sufficient to support a judgment of dismissal for failure to prosecute. The trial court entered judgment dismissing with prejudice Ernestine Belton's wrongful discharge claim against respondents. We affirm.

FACTS

Appellant Belton originally brought...

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