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HAMMER v. MALKERSON MOTORS, INC.

No. 39,458.

269 Minn. 563 (1964)

132 N.W. (2d) 174

JOSEPH HAMMER v. MALKERSON MOTORS, INC., AND ANOTHER. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, THIRD-PARTY DEFENDANT.

Supreme Court of Minnesota.

December 18, 1964.

Attorney(s) appearing for the Case

Brenner & Harroun, for appellants.

Meagher, Geer, Markham & Anderson, Mary Jeanne Coyne, and O.C. Adamson II, for respondent.

KNUTSON, CHIEF JUSTICE.

This is an appeal from a judgment of the Hennepin County District Court entered pursuant to an order granting summary judgment in favor of third-party defendant, St. Paul Fire and Marine Insurance Company.

The facts are not in dispute. On October 19, 1960, Elsa P. Cooper brought her 1960 Oldsmobile automobile to Malkerson Motors, Inc., for servicing and repair. The automobile was parked in...

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