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ZACHARIAS v. DEPT. OF NATURAL RESOURCES

Nos. CX-93-622, C3-93-722.

506 N.W.2d 313 (1993)

Timothy ZACHARIAS, individually, and Trustee for the Heirs of Corey James Zacharias, decedent, Appellant (CX-93-622) Respondent (C3-93-722), v. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, et al., Respondents, Carol Neuenfeldt, Respondent (CX-93-622) Appellant (C3-93-722).

Court of Appeals of Minnesota.

Review Denied November 16, 1993.

Attorney(s) appearing for the Case

Paul J. Phelps, Lyons Sawicki Neese, P.A., St. Paul, for appellant (CX-93-622) and Respondent (C3-93-722).

Hubert H. Humphrey, III, Atty. Gen., Jerome L. Getz, Asst. Atty. Gen., St. Paul, for respondents.

James R. Olson, Joel Dahlgren, Berens, Rodenberg & O'Connor, New Ulm, for respondent (CX-93-622) and appellant (C3-93-722).

Considered and decided by HUSPENI, P.J., and KLAPHAKE and FLEMING, JJ.

OPINION

HUSPENI, Judge.

Appellants challenge the district court's award of summary judgment and dismissal, based on outdoor recreational immunity under Minn.Stat. § 3.736, subd. 3(h) (1990), of a wrongful death action against the state and two of its employees. We affirm.

FACTS

At approximately 9:00 a.m. on August 11, 1990, seven-year-old Corey Zacharias, while camping at Flandrau State Park with his grandmother, Carol Neuenfeldt,...

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