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HANSING v. McGROARTY

No. C5-88-1999.

433 N.W.2d 441 (1988)

Thomas C. HANSING and Thomas C. Hansing on Behalf of himself and all other shareholders of Ben Enterprises, Inc., Appellant, v. Bryan McGROARTY, et al., Gary Lego, Respondents, James Martineau, et al., Defendants, Ben Enterprises, Inc., Respondent.

Court of Appeals of Minnesota.

Petition for Review Denied January 25, 1989.

Attorney(s) appearing for the Case

Jerrold Hartke, So. St. Paul, for appellant.

Gregory A. Fontaine, Minneapolis, for McGroarty, et al.

David A. Brandell, Eden Prairie, for Lego.

William Mullin, Maslon, Edelman, Borman & Brand, Minneapolis, for Martineau, et al.

Wellington Tully, Jr., Minneapolis, for Ben Enterprises, Inc.

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

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Appellant's counsel failed to file a note of issue within one year after the summons and complaint in this matter was filed with the trial court, and the case was dismissed by order in May 1987. An appeal was first taken to this court from the order for dismissal, but the proper appeal was from a judgment of dismissal, and we rejected the appeal in August 1987. Months later, appellant's counsel moved...

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