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TULLIS v. FEDERATED MUT. INS. CO.

No. C7-96-687.

556 N.W.2d 7 (1996)

Marc TULLIS, Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, et al., Work Recovery Centers of Minnesota, Inc., Respondents, Sara Schneider, individually, Jane Doe, Defendants.

Court of Appeals of Minnesota.

Review Granted February 7, 1997.

Attorney(s) appearing for the Case

Carter J. Bergen, Carter J. Bergen, P.A., St. Paul, for Appellant.

Therese M. Pautz, King & Hatch, P.A., St. Paul, for Respondent Federated Mutual Insurance Company.

Kathryn H. Davis, Bradley J. Betlach, Bassford, Lockhart, Truesdell & Briggs, P.A., Minneapolis, for Respondent Work Recovery Centers of Minnesota, Inc.

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

OPINION

NORTON, Judge.

Appellant Marc Tullis served a summons and complaint on an occupational therapist at the office of respondent Work Recovery Centers of Minnesota, Inc., (WRC), alleging medical malpractice. WRC sought dismissal on the grounds that the therapist was not an agent authorized impliedly by the corporation to receive service of summons, under Minn.R.Civ.P. 4.03(c). The district court dismissed the action and Tullis appeals. We reverse.

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