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TC/AM. MONORAIL, INC. v. CUSTOM CONVEYOR CORP.

No. A11-2119.

840 N.W.2d 414 (2013)

TC/AMERICAN MONORAIL, INC., Respondent, v. CUSTOM CONVEYOR CORPORATION, Appellant.

Supreme Court of Minnesota.

December 18, 2013.

Attorney(s) appearing for the Case

Paul F. Shoemaker , Shoemaker & Shoemaker, PLLC, Michael K. Hoverson , Hoverson Law Offices, P.A., Minneapolis, MN, for respondent.

Mark V. Steffenson , Henningson & Snoxell, Ltd., Maple Grove, MN, for appellant.

Robert J. King, Jr. , Kay Nord Hunt , Bryan R. Feldhaus , Lommen, Abdo, Cole, King & Stageberg, P.A., Minneapolis, MN, for amicus curiae Minnesota Association for Justice.

OPINION

DIETZEN, Justice.

The issue in this case is whether a party may take a deposition to preserve trial testimony of an unavailable, out-of-state witness, even though the deposition would occur after a discovery deadline in a scheduling order. Respondent TC/American Monorail, Inc., brought this civil action to recover payment for industrial equipment that it fabricated for appellant Custom Conveyor Corporation...

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