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VANDENHEUVEL v. WAGNER

No. A03-324.

690 N.W.2d 753 (2005)

D. Scott VANDENHEUVEL, et al., Appellants, v. Virgil A. WAGNER, Respondent.

Supreme Court of Minnesota.

January 20, 2005.

Attorney(s) appearing for the Case

Robert Joseph Leighton, Jr, Nolan, MacGregor, Thompson & Leighton, St Paul, MN, for Appellant's.

Steven R Schwegman, Mary Beth Mahler, Quinlivan & Hughes, PA, St. Cloud, MN, for Respondent's.

Considered and decided by the court en banc without oral argument.

OPINION

BLATZ, Chief Justice.

Appellants D. Scott and Dawn Vandenheuvel challenge the district court's decision allowing respondent Virgil A. Wagner to recover, under Minn. R. Civ. P. 68 ("Rule 68"), his total costs and disbursements incurred from the beginning of the lawsuit. Appellants contend that when the net verdict is less favorable to the offeree than the pretrial offer of judgment, Rule 68 allows the offeror to recover only those costs and disbursements...

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