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WHALEY v. ANDERSON

No. C0-90-145.

461 N.W.2d 913 (1990)

Robert C. WHALEY, Respondent, v. Gary Swan ANDERSON, d/b/a Anderson Trucking, et al., petitioners, Appellants, and Gary Swan ANDERSON, d/b/a Anderson Trucking, et al., defendant and third-party plaintiff, petitioners, Appellants, v. Ronald TSCHIDA, et al., third-party defendants, Respondents.

Supreme Court of Minnesota.

Rehearing Denied November 27, 1990.

Attorney(s) appearing for the Case

Steven J. Pfefferle, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, for appellants.

Michael S. Krug, Krug & Zupke, St. Paul, for Robert C. Whaley.

D. Scott Ballou, Stich, Angell, Kreidler & Muth, Minneapolis, for Ronald Tschida.

Considered and decided by the court en banc without oral argument.

OPINION

POPOVICH, Chief Justice.

We granted the petition of Gary Swan Anderson d/b/a Anderson Trucking, et al. for further review of a decision of the court of appeals reversing, by panel majority, the trial court's determination in a negligence action that they were entitled to summary judgment. 458 N.W.2d 155.

Respondent Robert C. Whaley was injured in the course of his employment as a relief truck driver and...

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