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POWELL v. ANDERSON

No. C5-99-1755.

660 N.W.2d 107 (2003)

Jacquelin POWELL, Petitioner, Appellant, v. Richard ANDERSON, et al., Respondents, Walter G. Anderson, et al., Respondents, A & P Partnership, Defendant.

Supreme Court of Minnesota.

April 17, 2003.

Attorney(s) appearing for the Case

John F. Bonner, III, Robert J. Borhart, Bonner & Borhart, LLP, for Jacquelin Powell.

Richard T. Ostlund, Randy G. Gullickson, Anthony Ostlund & Baer, P.A., Minneapolis, for respondents, Richard Anderson, Walter E. Gervais and Walter G. Anderson, Corp.

Eric J. Magnuson, Diane B. Bennett, Egan & Arundel, LLP, for respondents, Walter G. Anderson, Inc., A & P Partnership, and Estate of Walter G. Anderson.

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

OPINION

HANSON, Justice.

We are asked to vacate a final opinion of the Minnesota Court of Appeals on the grounds that the author of the opinion, Judge Roland Amundson, was disqualified because the law firm that represented certain respondents was the same firm that represented a trust of which Judge Amundson was the trustee. Under the peculiar circumstances of this case, we determine that Judge Amundson was disqualified and that vacatur is necessary. Accordingly...

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