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McCLELLAN v. GOLDBERG

No. C6-97-433.

568 N.W.2d 860 (1997)

Patrick McCLELLAN, Respondent, v. H.L. "Red" GOLDBERG, et al., Appellants.

Court of Appeals of Minnesota.

September 2, 1997.

Attorney(s) appearing for the Case

Brendan W. Randall, Daniel J. Connolly, Faegre & Benson LLP, Minneapolis, for appellants.

Patrick McClellan, Bloomington, pro se.

Considered and decided by HUSPENI, P.J., and KALITOWSKI and AMUNDSON, JJ.

OPINION

HUSPENI, Judge.

The district court denied appellants' motion to vacate a conciliation court judgment and to remove the case to district court. Because we hold that appellants' untimeliness in filing the motion did not deprive the district court of jurisdiction, we reverse and remand for a determination of whether the untimeliness was excusable neglect.

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