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WINKEL v. EDEN REHAB. TREATMENT FACILITY

No. C1-88-1224.

433 N.W.2d 135 (1988)

William WINKEL, Respondent, v. EDEN REHABILITATION TREATMENT FACILITY, INC., Appellant.

Court of Appeals of Minnesota.

December 13, 1988.

Attorney(s) appearing for the Case

Blake Shepard, Jr., Best & Flanagan, Minneapolis, for respondent.

Kay Nord Hunt, Ted E. Sullivan, Lommen, Nelson, Cole & Stageberg, Minneapolis, for appellant.

Heard, considered and decided by FOLEY, P.J., and NORTON and FLEMING, JJ.

OPINION

FLEMING, Acting Judge.

Respondent William Winkel served a summons and complaint on a staff counselor at the office of appellant, Eden Rehabilitation Treatment Facility, Inc., alleging discrimination on the basis of homosexuality. Appellant brought a motion to dismiss on the grounds that the counselor was not an agent authorized expressly or impliedly by the corporation to receive service of summons under Minn.R.Civ.P. 4.03(c). The trial court denied...

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