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SHAMROCK DEVELOPMENT, INC. v. SMITH

No. A06-1647.

754 N.W.2d 377 (2008)

SHAMROCK DEVELOPMENT, INC., Respondent, v. Randall N. SMITH, Appellant, Denison E. Smith, Defendant, Dakota Turkey Farms, Limited Partnership, Defendant.

Supreme Court of Minnesota.

August 7, 2008.

Attorney(s) appearing for the Case

Timothy J. Mattson, Charles Schoenwetter, Bowman and Brooke LLP, Minneapolis, MN, for appellant.

Charles E. Lundberg, Stanford P. Hill, David A. Turner, Bassford Remele, PA, Minneapolis, MN, for respondent.

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

OPINION

MEYER, Justice.

In this appeal, we are asked to decide whether respondent Shamrock Development, Inc.'s attempted service of process by publication on appellant Randall Smith satisfied the requirements of Minn. R. Civ. P. 4.04(a) and the Due Process Clause of the United States Constitution. The district court concluded that the service by publication was sufficient, and the court of appeals affirmed. We reverse and remand to the district court.

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