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FARMER'S STATE BANK OF DARWIN v. SWISHER

No. C9-00-261.

631 N.W.2d 796 (2001)

FARMER'S STATE BANK OF DARWIN, Plaintiff, v. Jill SWISHER, Defendant and Third-Party Plaintiff, Petitioner, Appellant, v. Mark Leonard Johnson, Third-Party Defendant, Respondent, and Darwin Bancshares, Inc., Third-Party Defendant.

Supreme Court of Minnesota.

July 19, 2001.

Attorney(s) appearing for the Case

Gregory J. Holly, McGuigan & Holly, P.L.C., St. Paul, for appellant, Jill Swisher.

H. Kelsey Page, Daniel Greenstein, Standke, Greene & Greenstein, LTD, Minnetonka, for respondent, Mark Leonard Johnson.

John A. Fabian, III, Donald H. Nichols, Nichols, Kaster & Anderson, Minneapolis, for Farmers State Bank of Darwin, plaintiff, and Darwin Bancshares, Inc., third-party defendant.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

Appellant Jill Swisher seeks review of a court of appeals' decision affirming a district court's application of a Rule 68 offer of judgment made by two third-party defendants to reduce a jury verdict against the remaining third-party defendant. Upon respondent's post-trial motion, the district court reduced the jury's verdict by the $50,000 offer of judgment after determining that receipt of the Rule 68 judgment and the jury verdict...

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