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PLATE v. ST. MARY'S HELP CHURCH

No. C5-94-117.

520 N.W.2d 17 (1994)

Paul PLATE, as Trustee for the Next of Kin of Dane Sebastian Terwey, Appellant, v. ST. MARY'S HELP OF CHRISTIANS CHURCH, Defendant and Third-Party Plaintiff, Respondent, v. Clyde TERWEY, et al., Third Party Defendants.

Court of Appeals of Minnesota.

Review Denied October 14, 1994.

Attorney(s) appearing for the Case

Stephen C. Fiebiger, Stephen C. Fiebiger, & Associates, Chartered, Minneapolis, for appellant.

Robert M. Frisbee, Edina, for respondent.

Considered and decided by RANDALL, P.J., and HARTEN and HAROLD W. SCHULTZ, JJ.

OPINION

HAROLD W. SCHULTZ, Judge.*

Paul Plate, as trustee for the next-of-kin of Dane Sebastian Terwey, appeals from a judgment and order denying posttrial motions, claiming (1) the trial court erred in directing a verdict for respondent Diocese of St. Cloud, (2) the evidence does not support the verdict, and (3) the trial court erred in formulating the jury instructions. We affirm.

FACTS

On June 30, 1991, five...

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