WHERLEY v. FOSS

No. CO-87-961.

416 N.W.2d 463 (1987)

Robert G. WHERLEY, et al., Appellants, v. Michael Dean FOSS, Respondent.

Court of Appeals of Minnesota.

December 15, 1987.


Attorney(s) appearing for the Case

Edward M. Cohen, Minneapolis, for appellants.

R.D. Blanchard, Rodger A. Hagen, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, for respondent.

Considered and decided by WOZNIAK, P.J., and FOLEY and CRIPPEN, JJ., with oral argument waived.


OPINION

WOZNIAK, Chief Judge.

This appeal is from the dismissal with prejudice of appellants' complaint. The trial court dismissed on its own motion for failure to prosecute. We affirm.

FACTS

Appellants Wherley and respondent Foss were involved in an automobile collision on August 22, 1973. Three years later, the attorney for Wherleys began correspondence with Foss's insurance company, in which the parties discussed the accident and possible...

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