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MASSIE v. CITY OF DULUTH

No. C9-87-2336.

425 N.W.2d 858 (1988)

Craig L. MASSIE, et al., Respondents, v. CITY OF DULUTH, Respondent, Fugelso, Porter, Simich and Whiteman, Inc., et al., Appellants.

Court of Appeals of Minnesota.

Review Denied September 16, 1988.

Attorney(s) appearing for the Case

Martha M. Neese, Thomas J. Lyons & Associates, St. Paul, for Craig L. Massie, et al.

William P. Dinan, City Atty., Bryan F. Brown, Deputy City Atty., Duluth, for City of Duluth.

Steven W. Schneider, Anthony S. Downs, Halverson Watters Bye Downs & Maki, Ltd., Duluth, Rodney A. Honkanen, Wagner, Johnston & Falconer, Ltd., Minneapolis, Michael W. Haag, Donovan, McCarthy, Crassweller & Magie, Duluth, for appellants.

Heard, considered and decided by SCHUMACHER, P.J., and FOLEY and FORSBERG, JJ.

OPINION

FOLEY, Judge.

After denying the motion for summary judgment of appellants Fugelso, Porter, Simich and Whiteman, Inc., Bartley Sales Company, Inc., and Recreational Equipment Corp., the trial court certified as important and doubtful the question of whether a water slide was a permanent improvement to real property within the meaning of Minn. Stat. § 541.051 (1982). The trial court determined the water slide was not an improvement to real property...

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