OCHS v. STREATER, INC.

No. C4-97-446.

568 N.W.2d 858 (1997)

Richard OCHS, Appellant, v. STREATER, INC., Respondent.

Court of Appeals of Minnesota.

September 2, 1997.


Attorney(s) appearing for the Case

Elizabeth W. Kimball, Kimball Law Office, Minneapolis, for appellant.

Steven R. Anderson, Samuel Rosenstein, Faegre & Benson, LLP, Minneapolis, for respondent.

Considered and decided by KLAPHAKE, P.J., and DAVIES and PETERSON, JJ.


OPINION

DAVIES, Judge.

The district court dismissed appellant's age discrimination complaint with prejudice because respondent was not served with a summons and complaint within the 45-day period provided by Minn.Stat. § 363.14, subd. 1(a)(1) (1996). Appellant argues that because his complaint was filed with the district court within the statutory period, although not served, the action was "brought" within the meaning of the statute. Alternatively...

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