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KUEHN v. SHELCORE, INC.

No. Civ. 3-87-830.

686 F.Supp. 233 (1988)

David M. KUEHN, individually and as trustee for the heirs and next of kin of Seth Allan Kuehn, decedent; and Peggy J. Kuehn, individually, Plaintiffs, v. SHELCORE, INC. and Sears, Roebuck & Company, Defendants.

United States District Court, D. Minnesota, Third Division.

June 10, 1988.

Attorney(s) appearing for the Case

Corey L. Gordon, Robins, Zelle, Larson & Kaplan, St. Paul, Minn., for plaintiffs.

Maureen A. Mulligan, Jardine, Logan & O'Brien, St. Paul, Minn., for defendants.

ORDER

DEVITT, District Judge.

Plaintiff, as trustee, brought this wrongful death action for compensatory and punitive damages resulting from his son's death. Defendants move to strike plaintiff's claim for punitive damages. At issue is whether the court, in this diversity action, must apply Minnesota Statute § 549.191 prohibiting pleading punitive damages without leave of court.1

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