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BERG v. CITY OF ST. PAUL

No. C7-87-1234.

414 N.W.2d 204 (1987)

Harvey BERG, as trustee for the heirs of Cheryl Berg, deceased, Appellant, v. CITY OF ST. PAUL, Respondent.

Court of Appeals of Minnesota.

October 20, 1987.

Attorney(s) appearing for the Case

Raebern B. Hitchcock, St. Paul, Alf E. Sivertson, St. Paul, for appellant.

Edward P. Starr, City Atty., Frank E. Villaume, III, Asst. City Atty., St. Paul, for respondent.

Heard, considered and decided by POPOVICH, C.J., and RANDALL and STONE, JJ.

OPINION

POPOVICH, Chief Judge.

This appeal is from a summary judgment holding respondent city immune from liability based on ice or snow accumulation or failure to perform a discretionary duty. Appellant claims the trial court erred because (1) there were genuine issues of material fact, (2) the City of St. Paul is not entitled to discretionary act immunity because the city's inaction was not a discretionary...

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