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VALLEY VIEW, INC. v. SCHUTTE

No. C5-86-1531.

399 N.W.2d 182 (1987)

VALLEY VIEW, INC., Respondent, v. Gordon H. SCHUTTE, et al., Defendants, Howard Bergerud, Appellant.

Court of Appeals of Minnesota.

Review Denied March 18, 1987.

Attorney(s) appearing for the Case

Sandra K. Agvald, Sandra K. Agvald & Assoc., P.A., Minneapolis, for respondent.

William D. Hittler, Winthrop & Weinstine, St. Paul, for Howard Bergerud.

Heard, considered and decided by POPOVICH, C.J. and PARKER and LESLIE, JJ.

OPINION

LESLIE, Judge.

This appeal is from an order denying appellant Howard Bergerud's motion to vacate a default judgment entered against him. Bergerud contends the judgment should be vacated for lack of personal service and because he demonstrated excusable neglect. Because we believe appellant has met the test for vacation of default judgment, we reverse and remand.

FACTS

Respondent Valley View, Inc. contracted to provide liability...

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