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OTTERSON v. HOUSE

No. C0-95-2156.

544 N.W.2d 64 (1996)

Roland OTTERSON, Respondent, v. Kevin David HOUSE, Respondent, William J. Smith, Appellant, Fond du Lac Development Corporation, Defendant.

Court of Appeals of Minnesota.

Review Denied April 26, 1996.

Attorney(s) appearing for the Case

Thomas M. Skare, Newby, Lingren, Carlson & Skare, Ltd., Cloquet, for Roland Otterson.

Michael W. Haag, Crassweller, Magie, Andresen, Haag & Paciotti, P.A., Duluth, for Kevin David House.

Dennis J. Peterson, Fond Du Lac Band of Chippewa, Cloquet, for William J. Smith.

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

OPINION

FOLEY, Judge.*

This appeal arises from the denial of a motion to dismiss made by the Fond du Lac Band, a federally recognized Indian tribe, with respect to a negligence claim against an employee of the tribe.

FACTS

On January 13, 1995, William J. Smith, a security guard for the Fond du Lac Development Corporation (the corporation), was delivering mail off-reservation to the U.S. Post Office in Cloquet...

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