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KODERICK v. SNYDER BROS. DRUG, INC.

No. C2-87-993.

413 N.W.2d 856 (1987)

Joyce KODERICK, et al., Appellants, v. SNYDER BROTHERS DRUG, INC., Respondent.

Court of Appeals of Minnesota.

October 20, 1987.

Attorney(s) appearing for the Case

Janet Waller, Soshnik, Waller & Atchison, Minneapolis, for appellants.

Bruce D. Elliott, Cousineau, McGuire, Shaughnessy & Anderson, Chartered, Minneapolis, for respondent.

Considered and decided by POPOVICH, C.J., and WOZNIAK and NIERENGARTEN, JJ., with oral argument waived.

OPINION

NIERENGARTEN, Judge.

Joyce Koderick sued Snyder Brothers Drug, Inc. (Snyder) for personal injury. On January 27, 1987, Snyder moved for dismissal for failure to state a claim pursuant to Minn.R.Civ.P. 12.02(5). Koderick responded with an affidavit in opposition to the motion and the trial court treated the motion as one for summary judgment pursuant to Minn.R.Civ.P. 12.03. The trial court entered judgment in favor of Snyder and Koderick appeals....

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