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DAHLGREN v. CARING AND SHARING, INC.

Nos. C9-88-1830, C0-88-1831.

429 N.W.2d 706 (1988)

Dean R. DAHLGREN, d/b/a Advance Therapies, Appellant (C9-88-1830), Petitioner (C0-88-1831), v. CARING AND SHARING, INC., d/b/a Bethel Care Center, Respondent.

Court of Appeals of Minnesota.

October 4, 1988.

Attorney(s) appearing for the Case

Michael Pinotti, Roseville, for Dean R. Dahlgren.

K. Craig Wildfang, Grossman, Karlins, Siegel, Brill, Greupner & Duffy, Minneapolis, for Caring and Sharing, Inc.

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

By order on August 1, 1988 Dahlgren's civil suit was dismissed for failure to state a claim upon which relief could be granted. See Minn.R.Civ.P. 12.02(5). The order did not direct entry of a judgment. Dahlgren filed an appeal and a petition for discretionary review and respondent Caring and Sharing, Inc. filed a notice of review.

DECISION

An order for dismissal is but an...

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