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HALLAS v. NAEGELE OUTDOOR ADVERTISING

No. CX-95-1371.

541 N.W.2d 594 (1995)

David HALLAS, Respondent, v. NAEGELE OUTDOOR ADVERTISING, INC., Defendant and Third-Party Plaintiff, Appellant, v. JOHNSON BILLBOARD POSTING SERVICE, INC., Third-Party Defendant, Respondent.

Court of Appeals of Minnesota.

Review Denied February 9, 1995.

Attorney(s) appearing for the Case

William M. Hart, Katherine A. McBride, W.D. Flaskamp, Meagher & Geer, P.L.L.P., Minneapolis, Kenneth F. Daniels, Minneapolis, for David Hallas.

Joseph M. Goldberg, Peter J. Manderfeld, Joseph M. Goldberg & Assoc., St. Louis Park, for Naegele Outdoor Advertising, Inc.

Lawrence J. Skoglund, Erstad & Riemer, P.A., Minneapolis, for Johnson Billboard Posting Service, Inc.

Considered and decided by LANSING, P.J., and PARKER and NORTON, JJ.

OPINION

PARKER, Judge.

Naegele Outdoor Advertising, Inc., appeals the district court's denial of its summary judgment motion, arguing that because it provided workers' compensation coverage for David Hallas, an employee of a Naegele subcontractor, it is entitled to tort immunity under Minn.Stat. § 176.031 (1994) by exercise of the election provided by Minn.Stat. § 176.041, subd. 1a(f) (1994). The district court held that because Hallas was not...

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