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DUELLMAN v. ERWIN

Nos. C9-94-380, C7-94-457.

522 N.W.2d 377 (1994)

Richard Henry DUELLMAN, et al., Respondents, and State of Minnesota, plaintiff in intervention, Respondent, v. David John ERWIN, Appellant (C9-94-380), Respondent (C7-94-457), Wabasha County Sheriff's Department, et al., Respondents, The Palace Bar, Respondent, Mark Harmon, Respondent (C9-94-380), Appellant (C7-94-457), Ron Wagner, Respondent.

Court of Appeals of Minnesota.

Review Denied December 20, 1994.

Attorney(s) appearing for the Case

James P. Carey, Minneapolis, for Richard Henry Duellman, et al.

Thomas A. Foster, Foster, Waldeck & Lind, Ltd., Minneapolis, for State of Minn.

James R. Carlson, Rochester, for David John Erwin.

Fredrick R. Alm, III, Blue Earth, for Wabasha County Sheriff's Dept.

Steven C. O'Tool, Minneapolis, for The Palace Bar.

Jodi L. Williamson, Rochester, for Mark Harmon.

Todd S. Lundquist, Mankato, for Ron Wagner.

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

OPINION

FORSBERG, Judge.

Appellants Mark Harmon and John Erwin challenge the district court's grant of summary judgment to respondents Wabasha County Sheriff's Department (sheriff's department) and Deputy Nick Roussopoulos based on official immunity.

FACTS

On May 26, 1991, at about 1:45 a.m., respondent Deputy Nick Roussopoulos of the sheriff's department was responding to a domestic call when he observed a pickup truck in the ditch. As...

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