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BERGHERR v. SOMMER

No. CX-94-999.

523 N.W.2d 17 (1994)

Tom BERGHERR, as trustee for the next of kin of Joan Bergherr, Decedent, Respondent, v. Robert SOMMER, M.D., et al., Respondents, Dallas Pathology Associates, Inc., d/b/a DPA Laboratory, Appellant, MetPath, Inc., et al., Respondents.

Court of Appeals of Minnesota.

Review Granted December 20, 1994.

Attorney(s) appearing for the Case

Terry L. Wade, Peter A. Schmit, Robins, Kaplan, Miller & Ciresi, St. Paul, for Tom Bergherr.

Anthony M. Tarvestad, Quinlivan, Sherwood, Spellacy, & Tarvestad, P.A., St. Cloud, for Robert Sommer, M.D., et al.

William M. Hart, Christopher J. Schulte, Meagher & Geer, Minneapolis, for Dallas Pathology Associates, Inc., d/b/a DPA Laboratory.

James R. Gowling, Geraghty, O'Loughlin & Kenney, St. Paul, for MetPath, Inc., et al.

Considered and decided by KLAPHAKE, P.J., and KALITOWSKI and THOREEN, JJ.

OPINION

JOHN F. THOREEN, Judge.*

A foreign medical lab appeals a district court order denying its motion to dismiss for lack of personal jurisdiction. We agree with the district court that Minnesota may properly exercise jurisdiction over the foreign defendant where it has had numerous contacts with Minnesota through an intermediary.

FACTS

Joan Bergherr (Bergherr) died at the age of 33 from cervical cancer....

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