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WILLETTE v. THE MAYO FOUNDATION

No. C1-89-2299.

458 N.W.2d 120 (1990)

Patrick WILLETTE, et al., Respondents, v. THE MAYO FOUNDATION, Appellant.

Court of Appeals of Minnesota.

Review Denied September 14, 1990.

Attorney(s) appearing for the Case

Mark Hallberg, MacKenzie & Hallberg, Minneapolis, for respondents.

Paul B. Klaas, David J. Lauth, Dorsey & Whitney, Minneapolis, Ann E. Decker, Legal Dept. Mayo Clinic, Rochester, for appellant.

Considered and decided by KALITOWSKI, P.J., and SCHUMACHER and GARDEBRING, JJ.

OPINION

KALITOWSKI, Judge.

The trial court denied appellant's motion to dismiss, concluding that the termination of treatment rule was unconstitutional and respondents' medical malpractice action was not barred by the statute of limitations. Appellant's petition for discretionary review was granted pursuant to Minn. R.Civ.App.P. 105.01. We reverse.

FACTS

Respondents Patrick and Karen Willette brought this action in the trial court in August...

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