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STEINKE v. CITY OF ANDOVER

No. C3-93-865.

525 N.W.2d 173 (1994)

Roger Allen STEINKE, et al., Respondents, v. CITY OF ANDOVER, Petitioner, Appellant, County of Anoka, Petitioner, Appellant, Coastal States Gas Transmission Company of Minnesota, a Delaware Corporation jointly with LHC Pipeline Corporation d/b/a Minnesota Intrastate Transmission Systems, Respondent, Manley Magnuson, Defendant.

Supreme Court of Minnesota.

Rehearing Denied January 25, 1995.

Attorney(s) appearing for the Case

George C. Hoff and Patricia A. Kuderer, Hoff, Barry & Kuderer, P.A., Eden Prairie, for City of Andover.

Robert M.A. Johnson, Anoka County Atty. and Anthony Palumbo, Asst. County Atty., Anoka, for County of Anoka.

Sheila A. Engelmeier and Thomas Marshall, Mackall, Crounse & Moore, Minneapolis, for Roger Allen Steinke, et al.

James G. Golembeck, Gerald Linnihan, Jardine, Logan & O'Brien, St. Paul, for respondent.

Robert J. McGuire, Cousineau, McGuire & Anderson, Minneapolis, for defendant, Manley Magnuson.

Carla J. Heyl, League of MN Cities, Shoreview, for League of MN Cities, amicus curiae.

Jay T. Squires, Ratwik, Roszak, Bergstrom & Maloney, P.A., Minneapolis, for Ass'n of MN Counties, amicus curiae.

Heard, considered and decided by the court en banc.

OPINION

KEITH, Chief Justice.

This appeal is from a decision by the court of appeals reversing summary judgment entered in favor of defendant City of Andover, and affirming a denial of summary judgment for defendant Anoka County. Both defendants asserted municipality immunity against personal injury claims brought by plaintiff Roger Steinke ("Steinke"), and loss of consortium claims brought by plaintiff Wenell Steinke, Steinke's wife. Because we hold that...

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