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PROPRIETORS INS. CO. v. COHEN

No. C0-89-1919.

451 N.W.2d 904 (1990)

PROPRIETORS INSURANCE COMPANY, Respondent, v. Joseph COHEN, Esther Cohen, Milton Cohen and Harvey Cohen, individually and d/b/a Harvey Investment Company, Appellants, Jack Novak, et al., Defendants.

Court of Appeals of Minnesota.

February 27, 1990.

Attorney(s) appearing for the Case

Mark R. Miller, Minneapolis, for respondent.

Robert J. Schmitz, Janet S. Stellpflug, St. Paul, for appellants.

Considered and decided by FOLEY, P.J., and CRIPPEN and MULALLY, JJ.

OPINION

EDWARD D. MULALLY, Judge.

Respondent Proprietors Insurance Company brought a subrogation action against appellants Joseph, Esther, Milton and Harvey Cohen and Harvey Investment Company (Cohens) and against defendants Jack Novak, Snyder's Drug Stores, Inc. and Jack Pleason.

Cohens moved for summary judgment based upon exculpatory clauses in the lease agreement between Lucky Lanes, Inc. and appellants Cohen and Harvey. The lease provided that...

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