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MIDWAY NAT. BANK v. ESTATE OF BOLLMEIER

Nos. C2-93-498, C5-92-2221, C3-92-2203 and C9-92-2206.

504 N.W.2d 59 (1993)

MIDWAY NATIONAL BANK OF ST. PAUL, as Trustee and Conservator for Nancy Bollmeier, Respondent (C3-92-2203, C9-92-2206, C5-92-2221), Appellant (C2-93-498), v. The ESTATE OF Emil Wayne BOLLMEIER, Respondent (C3-92-2203, C9-92-2206), Appellant (C5-92-2221, C2-93-498), Dynex Research, Inc., et al., Defendants (C3-92-2203, C9-92-2206, C5-92-2221), Respondents (C2-93-498), and State Farm Mutual Automobile Insurance Company, Intervenor, Respondent (C3-92-2203, C5-92-2221, C2-93-498), Appellant (C9-92-2206), State Farm Fire and Casualty Company, Intervenor, Respondent (C3-92-2203, C5-92-2221, C2-93-498), Appellant (C9-92-2206), Richard Langlais as Personal Representative of the Estate of Emil Wayne Bollmeier, Intervenor, Appellant (C3-92-2203), Respondent (C9-92-2206, C5-92-2221, C2-93-498).

Court of Appeals of Minnesota.

July 27, 1993.

Attorney(s) appearing for the Case

William D. Harper, Harper & Harper, Eagan, Mary Mason, St. Paul, for Midway National Bank of St. Paul, as Trustee and Conservator for Nancy Bollmeier.

Martha K. Sieber, Lee I. LaBore, LaBore & Guiliani, Hopkins, for Estate of Emil Wayne Bollmeier.

Eric J. Magnuson, Rider, Bennett, Egan & Arundel, Minneapolis, for Dynex Research, Inc., et al.

Kay Nord Hunt, Phillip A. Cole, Lommen, Nelson, Cole & Stageberg, Minneapolis, for State Farm Mut. Auto. Ins. Co.

Roderick D. Blanchard, Meagher & Geer, Minneapolis, for State Farm Fire and Cas. Co.

Charles E. Lundberg, Kevin P. Keenan, Bassford, Heckt, Lockhart, Truesdell & Briggs, Minneapolis, for Richard Langlais as Personal Representative of the Estate of Emil Wayne Bollmeier.

Considered and decided by NORTON, P.J., and SCHUMACHER and PETERSON, JJ.

OPINION

PETERSON, Judge.

A jury awarded Nancy Bollmeier over $2.4 million in a personal injury action against the estate of Emil Wayne Bollmeier. State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, and Richard Langlais, the estate's personal representative, filed motions to intervene and to vacate the judgment as void for lack of jurisdiction based on the failure to properly substitute the estate's personal representative...

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