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HIGGINS v. LUFI

No. C2-83-1164.

353 N.W.2d 150 (1984)

Charles E. HIGGINS, et al., Respondents, v. Kay LUFI, et al., Appellants.

Court of Appeals of Minnesota.

Review Denied October 11, 1984.

Attorney(s) appearing for the Case

Michael S. Polk, Hertogs, Fluegel, Sieben, Polk, Jones & Laverdiere, Hastings, for respondents.

Willard L. Converse, Peterson, Bell & Converse, St. Paul, for appellants.

Heard, considered and decided by PARKER, P.J., and FORSBERG and CRIPPEN, JJ.

OPINION

PARKER, Judge.

This appeal brings into question the propriety of a trial court's sanction under Rule 37.02(2)(b), Minn.R.Civ.P., excluding expert testimony because of a direct and willful failure on the part of appellants' trial attorney and the expert witness himself to obey the court's order that the expert be deposed. Appellants contend further that the trial court's refusal to grant a continuance of...

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