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DURELL v. MAYO FOUNDATION

No. C1-88-1921.

429 N.W.2d 704 (1988)

Michael DURELL, individually, and as Trustee for the Heirs of Rose Durell, Decedent, Petitioner, v. MAYO FOUNDATION, d/b/a Mayo Clinic, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied November 16, 1988.

Attorney(s) appearing for the Case

James Malcolm Williams, Minneapolis, for petitioner.

Craig Beck, Dorsey & Whitney, Rochester, for respondents.

Considered at Special Term and decided by WOZNIAK, C.J., and LANSING and KALITOWSKI, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Petitioner has brought a civil action alleging medical malpractice and tortious conduct. Two prior petitions to this court, challenging pretrial rulings on a discovery motion and a request for change of venue, have been denied. Petitioner has already used his notice of removal pursuant to Minn.R.Civ.P. 63.03 to obtain the removal of one judge. Petitioner now seeks to remove another judge, alleging...

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