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JOHNSON v. SOO LINE R. CO.

No. C8-90-359.

454 N.W.2d 468 (1990)

Mark W. JOHNSON, Respondent, v. SOO LINE RAILROAD COMPANY, Petitioner.

Court of Appeals of Minnesota.

Review Granted June 25, 1990.

Attorney(s) appearing for the Case

Don C. Aldrich, Gregory T. Yaeger, Yaeger & Yaeger, P.A., Minneapolis, for respondent.

Megan K. Ricke, Thomas W. Spence Law Office, St. Paul, for petitioner.

Considered and decided by WOZNIAK, C.J., and PARKER and SHORT, JJ.

OPINION

WOZNIAK, Chief Judge.

We granted discretionary review of the trial court's denial of summary judgment. The trial court ruled that the action was commenced when pleadings naming the wrong defendant were delivered to the sheriff, and that amended pleadings delivered to the sheriff after the statute of limitations expired related back to the initial date of delivery. We reverse.

FACTS

Respondent Johnson seeks damages for injuries incurred...

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