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ROSE v. NEUBAUER

No. C2-86-2197.

407 N.W.2d 727 (1987)

John A. ROSE, Appellant, v. Gregory NEUBAUER, James G. Miller, et al., Defendants and Third Party Plaintiffs, Respondents, Joanne Elizabeth Johnson, Third Party Defendant.

Court of Appeals of Minnesota.

Review Denied August 19, 1987.

Attorney(s) appearing for the Case

Philip K. Jacobson, Kelly & Jacobson, Minneapolis, for appellant.

Bruce D. Elliott, Cousineau, McGuire, Shaughnessy and Anderson, Minneapolis, for Gregory Neubauer, defendant, and third party plaintiff.

Mark M. Suby, Hansen, Dordell, Bradt, Odlaug and Bradt, St. Paul, for James G. Miller, et al., defendant and third party plaintiff.

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

OPINION

NIERENGARTEN, Judge.

John Rose appeals from a judgment entered after his case was dismissed with prejudice pursuant to Minn.R.Civ.P. 41.02. We reverse and remand for trial.

FACTS

In July 1984 Rose sued the drivers of two vehicles for injuries received in an accident on February 14, 1984.

On March 27, 1985, Rose's attorney's newly hired paralegal filed Rose's complaint and interrogatories without the attorney's knowledge...

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