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ROSS v. CITY OF MINNEAPOLIS

No. CX-87-241.

408 N.W.2d 910 (1987)

Eddie ROSS, Respondent, v. CITY OF MINNEAPOLIS, Defendant and Third Party Plaintiff, Respondent, Minneapolis Boxing and Wrestling Club, Inc., Respondent, v. KELBER CATERING, INC., Third Party Defendant, and Appeal of BELLEFONTE UNDERWRITERS INSURANCE COMPANY and/or Armco Insurance Group, Garnishee/Intervenor.

Court of Appeals of Minnesota.

Review Denied September 23, 1987.

Attorney(s) appearing for the Case

Robert E. Salmon, Charles E. Spevacek, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for Eddie Ross.

David V. Anderley, Edina, for City of Minneapolis.

Charles Hvass, Jr., Hvass, Weisman & King, Chtd., Minneapolis, for Minneapolis Boxing and Wrestling Club, Inc.

Richard P. Mahoney, Sheila Ann Engelmeier, Mahoney, Dougherty and Mahoney, Minneapolis, for Bellefonte Underwriters Ins. Co.

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

OPINION

MULALLY, Judge.

In this action arising out of a claim for negligence, the trial court granted a summary judgment against the defendants' insurer, finding coverage. The insurer appeals, contending that it provided no coverage for the plaintiff's claim. We reverse.

FACTS

On October 4, 1981, respondent Eddie Ross attended wrestling matches at the Minneapolis Auditorium, which is owned by...

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