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McGOVERN v. CITY OF MINNEAPOLIS

No. C5-91-37.

475 N.W.2d 71 (1991)

James McGOVERN, et al., Respondents, v. CITY OF MINNEAPOLIS, et al., Petitioners-Appellants, Special Agent James Braseth, et al., Defendants.

Supreme Court of Minnesota.

September 27, 1991.

Attorney(s) appearing for the Case

Gail Langfield, Marshall & Associates, P.A., Circle Pines, for petitioners-appellants.

R. James Jensen Jr., R. James Jensen, Jr. & Associates, St. Paul, for respondents.

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

KEITH, Chief Justice.

In this case the court of appeals — relying on its own decision in Johnson v. Northside Residents Redevelopment Council, 467 N.W.2d 826 (Minn.App.1991) — held, in relevant part, that although an order in a civil suit denying a defense motion for summary judgment based on a claim of immunity from suit under 42 U.S.C. § 1983 is immediately appealable by the defense, an order denying...

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