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MIERNICKI v. DULUTH CURLING CLUB

No. A04-1741.

699 N.W.2d 787 (2005)

John MIERNICKI, et al., Appellants, v. DULUTH CURLING CLUB, et al., Respondents.

Court of Appeals of Minnesota.

July 5, 2005.

Attorney(s) appearing for the Case

Robert E. Mathias, Mathias Law Firm, Duluth, MN, for appellants.

Diane B. Bratvold, Marcia K. Miller, Paula Vraa, Rider Bennett, LLP, Minneapolis, MN, for respondents.

Considered and decided by HUDSON, Presiding Judge; STONEBURNER, Judge; and DIETZEN, Judge.

OPINION

HUDSON, Judge.

The complaint in this dram-shop action against respondents was filed without the knowledge of appellants, the plaintiffs, by an attorney whom they had not retained. Respondents moved for summary judgment on the ground that the statute of limitations had expired before appellants ratified the attorney's action in filing the complaint. The motion was denied, and the matter proceeded to trial...

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