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OLMSCHEID v. PATERSON

Nos. C2-88-1121, C3-88-1127.

425 N.W.2d 312 (1988)

Peter J. OLMSCHEID, Appellant, Respondent, v. James Arthur PATERSON, Defendant, and MINNEAPOLIS NORTHFIELD AND SOUTHERN RAILWAY, Defendant and third-party Plaintiff, Respondent, v. CITY OF EDINA, third-party Defendant, Respondent, and Pennsylvania General Insurance Company, intervenor, Appellant, Respondent.

Court of Appeals of Minnesota.

June 28, 1988.

Attorney(s) appearing for the Case

Robert M. Austin, Austin & Roth, Minneapolis, for Olmscheid.

Winthrop A. Rockwell, Faegre & Benson, Minneapolis, for Minneapolis Northfield and Southern Ry.

Don C. Day, Peahl & Day, Minneapolis, for City of Edina.

Richard P. Mahoney, Mahoney, Dougherty & Mahoney, Minneapolis, for Pennsylvania Gen. Ins. Co.

Considered at Special Term and decided by WOZNIAK, C.J., and CRIPPEN, and SHORT, JJ., without oral argument.

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Appellant Olmscheid sued respondent Paterson and respondent Minneapolis Northfield and Southern Railway. Respondent railroad commenced a third-party action against respondent City of Edina. Appellant Pennsylvania General Insurance Co. moved to intervene and the motion was granted. By judgment dated February 26, 1988 the trial court dismissed the claims

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