UNITED STATES v. CITY OF MINNEAPOLIS

No. 1365.

68 F.Supp. 585 (1946)

UNITED STATES v. CITY OF MINNEAPOLIS.

District Court, D. Minnesota, Fourth Division.

November 4, 1946.


Attorney(s) appearing for the Case

R. S. Wiggin, City Atty., and John T. O'Donnell, Asst. City Atty., both of Minneapolis, Minn., for defendant in support of said motion.

Victor E. Anderson, U. S. Atty., and T. H. Wangensteen, Asst. U. S. Atty., both of St. Paul, Minn., for plaintiff in opposition thereto.


NORDBYE, District Judge.

The motion for judgment is based on plaintiff's failure to allege in its complaint the service of a notice of claim for damages against the defendant City as provided in, and required by, Section 465.09, Minnesota Statutes 1945 and M.S.A. Plaintiff's claim is based on the alleged negligence of the defendant in failing, after notice, to turn off the city water in a building where plaintiff had certain wool stored, as a result of which the water...

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