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LAWLER v. SOO LINE R. CO.

No. C6-87-2519.

424 N.W.2d 313 (1988)

James P. LAWLER, Respondent, v. SOO LINE RAILROAD COMPANY, Respondent, State of Minnesota, Appellant.

Court of Appeals of Minnesota.

Review Denied August 24, 1988.

Attorney(s) appearing for the Case

William G. Jungbauer, Patrick R. Gillespie, Yaeger & Yaeger, P.A., Minneapolis, for James P. Lawler.

John F. Cook, Minneapolis, for Soo Line R. Co.

Hubert H. Humphrey, III, Atty. Gen., P. Kenneth Kohnstamm, Asst. Atty. Gen., St. Paul, for State.

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

OPINION

FORSBERG, Judge.

Respondent James P. Lawler sued respondent Soo Line Railroad Company ("Soo Line") for damages sustained when a Soo Line train upon which Lawler worked derailed. Soo Line sued appellant, the State of Minnesota, for property damage arising from the same accident. Lawler released Soo Line, and joined Soo Line's suit against the state. The trial court denied the state's motion for summary judgment, which was based upon a claim of governmental...

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