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CITY OF MINNEAPOLIS v. LEO A. DALY CO.

A22-0923.

981 N.W.2d 785 (2022)

CITY OF MINNEAPOLIS, Respondent, v. LEO A. DALY COMPANY, Appellant, and Leo A. Daly Company, Appellant, v. Ice Builders, Inc., a New York Corporation, Respondent, Golden Industrial Refrigeration, LLC, a Wisconsin limited liability company, Respondent, ISG Professional, LLC, a Minnesota limited liability company, Third-Party Defendant, Generator Studio, LLC, a Missouri limited liability company, Appellant, Stantec Consulting Services Inc., a New York corporation, Respondent.

Court of Appeals of Minnesota.

Filed October 24, 2022.

Attorney(s) appearing for the Case

Peter W. Ginder , Acting Minneapolis City Attorney, Brian S. Carter , Heather Robertson , Assistant City Attorneys, Minneapolis, Minnesota (for respondent City of Minneapolis).

Mark R. Becker , Alexander B. Athmann , Fabyanske, Westra, Hart & Thomson, P.A., Minneapolis, Minnesota (for appellant Leo A. Daly Company).

Ice Builders, Inc., Liverpool, New York (respondent).

Elizabeth S. Poeschl , Meagher & Geer, P.L.L.P, Minneapolis, Minnesota (for respondent Golden Industrial Refrigeration, LLC).

Randi J. Winter , Luke J. Wolf , Spencer Fane LLP, Minneapolis, Minnesota (for appellant Generator Studio, LLC).

Jason R. Asmus , Andrew S. Dosdall , Taft Stettinius & Hollister LLP, Minneapolis, Minnesota (for respondent Stantec Consulting Services Inc.)

Considered and decided by Bratvold, Presiding Judge; Johnson, Judge; and Cochran, Judge.

SPECIAL TERM OPINION

This appeal arises from a lawsuit begun by respondent City of Minneapolis (the city) against appellant Leo A. Daly Company (LAD). LAD and appellant Generator Studio LLC seek review of a district court's order vacating the "automatic dismissal" of the city's action under Minn. R. Civ. P. 5.04(a) for...

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