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RED WING v. ELLSWORTH COMMUNITY SCH. DIST.

No. C9-00-549.

617 N.W.2d 602 (2000)

CITY OF RED WING, Minnesota, et al., Respondents, v. ELLSWORTH COMMUNITY SCHOOL DISTRICT, et al., Defendants, Horace Mann Insurance Company, Appellant.

Court of Appeals of Minnesota.

October 3, 2000.

Attorney(s) appearing for the Case

William R. Sieben, Sharon L. Van Dyck, Schwebel, Goetz & Sieben, P.A., Minneapolis, for respondents.

Robert J. McGuire, Jo Ann Strauss, Cousineau, McGuire & Anderson, Chartered, Minneapolis, for appellant.

Considered and decided by SCHUMACHER, Presiding Judge, KLAPHAKE, Judge, and HALBROOKS, Judge.

OPINION

KLAPHAKE, Judge

Horace Mann Insurance Company (Horace Mann) appeals from a grant of summary judgment to respondents, who include the City of Red Wing (Red Wing), Duane and Kathy Schuh (the Schuhs), and their minor daughter. The Schuhs' daughter, a Wisconsin high school student, was injured in a theatre located in Red Wing that had been rented by Peter Dulak, her Wisconsin teacher.

The Schuhs and their daughter brought two personal injury...

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