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MOEN v. MIKHAIL

No. C3-89-540.

454 N.W.2d 422 (1990)

Gregory James MOEN, Respondent, v. Salma MIKHAIL, M.D., George E. Reisdorf, M.D., et al., petitioners, Appellants.

Supreme Court of Minnesota.

Rehearing Denied May 10, 1990.

Attorney(s) appearing for the Case

Robert R. Dunlap, Susan Scheffer, Dunlap, Finseth, Berudt & Sandberg, P.A., Rochester, for George Reisdorf, et al.

Kenneth R. White, Farrish, Johnson & Maschka, Mankato, for Salma Mikhail.

Evan H. Larson, Peter D. Plunkett, Warren F. Plunkett & Assoc., Austin, for respondent.

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

SIMONETT, Justice.

We granted the petitions of defendants Salma Mikhail and George E. Reisdorf to review a split decision of the court of appeals, the majority of which concluded that the trial court is vested with discretion to extend the time limitations contained in Minn.Stat. § 145.682 (1988) upon a showing of excusable neglect and that it abused that discretion in determining that plaintiff made no showing of excusable neglect. Moen v. Mikhail,

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