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ARMSTRONG v. HECKMAN

No. C6-87-429.

409 N.W.2d 27 (1987)

Byron H. ARMSTRONG, Appellant, v. Joseph HECKMAN, Respondent.

Court of Appeals of Minnesota.

Review Denied September 18, 1987.

Attorney(s) appearing for the Case

Michael B. Bloom, Daniel B. O'Leary, Mansur, O'Leary & Gabriel, St. Paul, for appellant.

Thomas D. Jensen, Kay Nord Hunt, Lommen, Nelson, Cole & Stageberg, Minneapolis, for respondent.

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

OPINION

POPOVICH, Chief Judge.

This appeal is from a judgment dismissing appellant's personal injury claim and an order denying a motion to vacate that dismissal. Appellant claims the trial court abused its discretion because (1) vacation of the dismissal is justified by excusable neglect, and (2) the initial order dismissing his action violated his constitutional rights of due process and equal protection. We reverse.

FACTS

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