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UTHE v. BAKER

No. C6-00-1934.

629 N.W.2d 121 (2001)

Kimberly UTHE, Respondent, v. Eileen BAKER, Appellant.

Court of Appeals of Minnesota.

June 26, 2001.

Attorney(s) appearing for the Case

Duane E. Arndt, Kathryn K. Smith, Arndt & Benton, P.A., Minneapolis, MN, for respondent.

David Oskie, St. Paul, MN, for appellant.

Considered and decided by CRIPPEN, Presiding Judge, KLAPHAKE and STONEBURNER, Judges.

OPINION

STONEBURNER, Judge

This is an appeal from the district court's order denying appellant's motion to dismiss respondent's complaint for insufficient service of process. Because the district court incorrectly concluded that appellant's actions in a separate lawsuit constituted waiver of the defense, or collaterally estopped appellant from asserting the defense in this lawsuit, we reverse.

FACTS

In October 1992, respondent Kimberly...

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