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MATTER OF HEIRS OF JONES

No. C8-87-1873.

419 N.W.2d 839 (1988)

In the Matter of the Appointment of a Trustee for the HEIRS OF Mary Louise JONES, Decedent.

Court of Appeals of Minnesota.

March 1, 1988.

Attorney(s) appearing for the Case

Alan L. Mitchell, St. Louis Co. Atty., Barbara A. Russ, Asst. Co. Atty., Duluth, for petitioner St. Louis County.

Harry Sieben, Jr., David W.H. Jorstad, Seiben, Grose, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for respondents David G. Jones and Nicholas Zuber as trustee.

Heard, considered and decided by RANDALL, P.J., and MULALLY and FLEMING, JJ.

OPINION

FLEMING, Judge.

Respondents David G. Jones, the husband of decedent Mary Louise Jones, and Nicholas Zuber, as trustee for her heirs, brought this negligence action against St. Louis County, alleging that improper maintenance of the intersection of a county road and railroad tracks caused the death of Mrs. Jones and her two children. St. Louis County moved for summary judgment on the ground of immunity, and this court granted discretionary review...

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