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TONKAWAY LTD. PARTNERSHIP v. McLAIN

No. C5-88-2229.

433 N.W.2d 443 (1988)

TONKAWAY LIMITED PARTNERSHIP, Respondent, v. Joyce McLAIN, Appellant.

Court of Appeals of Minnesota.

December 20, 1988.

Attorney(s) appearing for the Case

David Van House, Adams, Cesario & Atkinson, Bloomington, for respondent.

Lawrence McDonough, Legal Aid of Minneapolis, Minneapolis, for appellant.

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

Respondent landlord prevailed in an unlawful detainer action and a judgment of restitution was entered on October 4, 1988. No appeal was taken from the judgment. Appellant's motion to vacate the judgment or grant a new trial, alleging errors of law, insufficient evidence to support the decision, newly discovered evidence, and excusable neglect in failing to assert valid defenses, was heard on October...

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