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ANDERS v. TRESTER

No. C5-96-2454.

562 N.W.2d 45 (1997)

Erin ANDERS, Appellant, v. Ronald J. TRESTER, Respondent. D & D, INC., Respondent, v. Janell JONES, Defendant and Third-Party Plaintiff, v. David ANDERS, Third-Party Defendant.

Court of Appeals of Minnesota.

April 22, 1997.

Attorney(s) appearing for the Case

Stephen D. Gabrielson, St. Cloud, for Appellant.

Timothy W. Nelson, St. Cloud, for Respondent Trester.

Dyan J. Ebert, John A. Nelson, Quinlivan, Sherwood, Spellacy & Tarvestad, P.A., St. Cloud, for Respondent D & D, Inc.

Considered and decided by PARKER, P.J., TOUSSAINT, C.J., and HUSPENI, J.

OPINION

PARKER, Judge.

Appellant Erin Anders challenges the district court's grant of summary judgment in favor of respondent D & D, Inc. Concluding that no special relationship was shown to exist between the two parties, the trial judge ruled that Anders had not established that D & D, Inc., had a duty to protect him from the criminal actions of a third party. Because no special relationship was shown to exist, no issue of foreseeability was reached...

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