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GROSS v. POWELL

Nos. 42262 and 42409.

181 N.W.2d 113 (1970)

Donald J. GROSS, as trustee for the heirs of Michael James Culbert, deceased, Respondent, v. Robert H. POWELL, Appellant, Leo A. Hendrickson, Respondent. Robert H. POWELL, Third-Party Plaintiff, Appellant, v. TRAVELERS INDEMNITY COMPANY, Third-Party Defendant, Respondent.

Supreme Court of Minnesota.

November 6, 1970.

Attorney(s) appearing for the Case

Hammer, Weyl, Halverson & Watters and Anthony S. Downs, Duluth, for appellant.

Courtney, Courtney & Gruesen, Duluth, for Gross.

Harper, Eaton & Gustafson, Duluth, for Hendrickson.

Reavill, Neimeyer, Johnson, Fredin & Killen and Thomas R. Thibodeau, Duluth, for Travelers Ind. Co.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and ROSENGREN, JJ.

OPINION

CHESTER G. ROSENGREN, Justice.*

These are consolidated appeals by Robert H. Powell, defendant and third-party plaintiff, from judgment entered against him and from an order denying his motion for a new trial.

Without attempting to detail all of the facts to which the parties have stipulated, the pertinent ones appear to be as follows:

On April 10, 1968, at about 3:30 p. m. defendant Leo A. Hendrickson...

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