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GREEN v. CITY OF COON RAPIDS

Nos. C9-91-2213, CX-91-2253 and C4-91-2264.

485 N.W.2d 712 (1992)

John C. GREEN, Appellant (C9-91-2213), Lawrence Johnson, individually and as father and natural guardian of Shane Johnson, Respondent (CX-91-2253), Drew Johnson, et al., Plaintiffs (C4-91-2264), Jason Studer, Appellant (C4-91-2264), v. CITY OF COON RAPIDS, Respondent (C9-91-2213, C4-91-2264), Appellant (CX-91-2253), Tom Herbst, Respondent (C9-91-2213, C4-91-2264), Defendant (CX-91-2253).

Court of Appeals of Minnesota.

Review Denied June 30, 1992.

Attorney(s) appearing for the Case

Kirk W. Reilly, O'Connor & Hannan, Minneapolis, for John C. Green.

Anne M. Meredith-Will, Minneapolis, for Jason Studer.

Diana Young Morrissey, Keith A. Dotseth, Faegre & Benson, Minneapolis, for City of Coon Rapids.

Douglas E. Schmidt, Wilbur W. Fluegel, Sieben, Gross, Von Holtum, McCoy & Carey, Ltd., Minneapolis, for Brian Armstrong, et al., amicus curiae.

Considered and decided by HARTEN, P.J., and CRIPPEN and AMUNDSON, JJ.

OPINION

CRIPPEN, Judge.

Appellant John Green and a number of other plaintiffs claim they were injured from exposure to nitrogen dioxide fumes at the Joseph Cook Memorial Ice Arena between December 1986 and February 1987. Suits were commenced against respondents City of Coon Rapids and the arena's manager, Tom Herbst, for negligently allowing unlawful emissions from the engine of an ice-resurfacing machine.

The trial court held a jury trial on appellant...

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