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KUNZA v. ST. MARY'S REGIONAL HEALTH CENTER

No. A07-0360.

747 N.W.2d 586 (2008)

Michelle KUNZA, Appellant v. ST. MARY'S REGIONAL HEALTH CENTER, Respondent, Dr. Wade Wernecke, individually, and as an employee of St. Mary's Regional Health Center, Respondent.

Court of Appeals of Minnesota.

April 22, 2008.

Attorney(s) appearing for the Case

Jessica Jean Clay, James H. Kaster, Adam A. Gillette, Nichols Kaster & Anderson, PLLP, Minneapolis, MN, for appellant.

Joseph J. Roby, Jr., Jessica L. Durbin, Johnson, Killen & Seiler, P.A., Duluth, MN, for respondent St. Mary's Regional Health Center.

Daniel J. Ballintine, Larkin, Hoffman, Daly & Lindgren, Ltd., Minneapolis, MN, for respondent Dr. Wade Wernecke.

Considered and decided by TOUSSAINT, Chief Judge; PETERSON, Judge; and CRIPPEN, Judge.

OPINION

PETERSON, Judge.

Appellant agreed to refrain from initiating a lawsuit asserting employment-related claims against respondents for a limited time period. Before that time period expired, appellant began this action against respondents, alleging claims covered by the agreement. Appellant voluntarily dismissed some of her claims, and, based on appellant's initiation of this lawsuit during the time period when she agreed not to bring suit, the district...

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