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SERVAIS v. T.J. MANAGEMENT OF MINNEAPOLIS, INC.

Civil File No. 97-406(PAM/JGL).

973 F.Supp. 885 (1997)

David SERVAIS and Gloria P. Servais, individually and as husband and wife; Robert Murray and Sonya Murray, individually and as husband and wife; and Gordon Flood and Betty Flood, individually and as husband and wife, Plaintiffs, v. T.J. MANAGEMENT OF MINNEAPOLIS, INC., d/b/a Gabby's and Gabby's Saloon and Eatery, a Minnesota Corporation; Jeffrey A. Ormond, individually and d/b/a T.J. Management of Minneapolis, Inc., d/b/a Gabby's and Gabby's Saloon and Eatery; Timothy Welch, individually and d/b/a T.J. Management of Minneapolis, Inc., d/b/a Gabby's and Gabby's Saloon and Eatery; Nichole L. Helms; Randy L. Helms; G & R Transportation, Inc., a Minnesota Corporation; Ronald L. Hyland, individually and d/b/a G & R Transportation, Inc.; Leonard Patraw; The Soo Line Railroad Company, d/b/a CP Rail System, a corporation; and United States Fire Insurance Company, cl/b/a Crum and Forster Commercial Insurance Company, a foreign corporation, Defendants.

United States District Court, D. Minnesota.

August 12, 1997.

Attorney(s) appearing for the Case

Stephen Shannon Eckman, Markus Clarance Yira, Eckman Strandness & Egan, Minneapolis, MN, for David Servais, Gloria P. Servais, Robert Murray, Sonya Murray.

Markus Clarance Yira, Eckman Strandness & Egan, Minneapolis, MN, Michael L. Weiner, Yaeger Jungbauer Barczak & Roe, Minneapolis, MN, for Gordon Flood, Betty Flood.

Stephen P. Watters, Martha Mary Simonett, Mark A. Solheim, Rider Bennett Egan & Arundel, Minneapolis, MN, for T.J. Management of Minneapolis, Inc.

Steven Lars Viltoft, Angela C. Shackleford, LaBore & Giuliani, Hopkins, MN, for Nichole L. Helms, Randy L. Helms.

Mark A. Gwin, Cousineau McGuire & Anderson, Minneapolis, MN, for G & R Transp., Ronald L. Hyland, Leonard Patraw.

Susan Diane Thurmer, Diane Patricia Gerth, Spence Ricke & Thurmer, St. Paul, MN, for Soo Line R.Co.

Lawrence J. Skoglund, John R. Thomas, Erstad & Riemer, Minneapolis, MN, for U.S. Fire Ins.Co.

MEMORANDUM AND ORDER

MAGNUSON, Chief Judge.

This matter is before the Court upon the following motions: (1) Defendant Soo Line Railroad Company's Motion for Summary Judgment; (2) Defendant United States Fire Insurance Company's Motion for Summary Judgment; and (3) Defendant Ronald Hyland, individually and doing business as G & R Transportation, Inc., and Defendant Leonard Patraw's Motion for Partial Summary Judgment. For the following reasons, the Court...

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