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CARLSON v. ESTES

No. C9-90-189.

458 N.W.2d 123 (1990)

Robert CARLSON, Respondent, v. Sam ESTES, et al., defendants and third-party plaintiffs, Appellants, Lois STANLEY, Defendant, v. BONANZA VALLEY STATE BANK, et al., third-party defendants, Respondents.

Court of Appeals of Minnesota.

July 3, 1990.

Attorney(s) appearing for the Case

J. Brian O'Leary, O'Leary & Moritz, Springfield, for Robert Carlson, respondent.

Charles A. Cox, III and Charles A. Cox, Cox & Goudy, Minneapolis, for Sam Estes, et al., defendants and third-party plaintiffs, appellants.

Thomas P. Melloy, Hall, Byers, Hanson, Steil & Weinberger, St. Cloud, for Bonanza Valley State Bank, et al., third-party defendants, respondents.

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

OPINION

KALITOWSKI, Judge.

Appellants challenge the trial court's dismissal of Counts I, II, III, IV, V and VII of their third-party complaint for failure to state a claim for which relief can be granted under Minn.R.Civ.P. 12.02(5).

FACTS

The only question for our review in examining a dismissal of a complaint for failure to state a claim upon which relief can be granted is whether the complaint sets forth a legally sufficient claim for...

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