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LEDERMAN v. CRAGUN'S PINE BEACH RESORT

No. 00-1754.

247 F.3d 812 (2001)

Lila LEDERMAN, Appellant, v. CRAGUN'S PINE BEACH RESORT; Cragun Corporation; Cragun Enterprises, Inc.; Cragun Golf Management, Inc.; Cragun Properties, Inc.; Cragun Shoreline Corporation; Brad Clark, doing business as Clark Excavating, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 23, 2001.

Attorney(s) appearing for the Case

Dylan J. McFarland, Minneapolis, MN, argued (Fred Burstein and Steven M. Burstein, Minneapolis, MN, on the brief), for appellant.

Kevin A. Spellacy, St. Cloud, MN, argued (Mary B. Mahler, St. Cloud, MN, on the brief), for appellee Brad Clark.

Anthony S. Downs, Duluth, MN, argued (Steven W. Schneider, Duluth, MN, on the brief), for appellees.

Before LOKEN and MAGILL, Circuit Judges, and BATTEY, District Judge.

MAGILL, Circuit Judge.

On August 23, 1995, a pathway at Cragun's Pine Beach Resort collapsed beneath Lila Lederman, causing her to fall into a trench and break her ankle. On June 4, 1998, Lederman sued the various owners and operators of Cragun's Pine Beach Resort (together, "Cragun's"), as well as Brad Clark, the contractor who dug the trench, claiming that Clark negligently excavated the trench and Cragun's negligently...

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