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O'BRIEN v. MERCY HOSP. & CONVAL. NURSING CARE

No. CX-84-760.

356 N.W.2d 367 (1984)

Ruth M. O'BRIEN, Trustee for the heirs of Don P. O'Brien, decedent, Appellant. v. MERCY HOSPITAL AND CONVALESCENT NURSING CARE SECTION, Respondent, Gateway Family Health Clinic, Ltd., Respondent, Pine County d.b.a. Pine County Ambulance, Respondent.

Court of Appeals of Minnesota.

October 16, 1984.

Attorney(s) appearing for the Case

Mark A. Hallberg, Hvass, Weisman & King, Chtd., Minneapolis, for appellant.

Joe J. Roby, Johnson, Fredin, Killen, Thibodeau & Seiler, Duluth, for respondent, Pine County d.b.a. Pine County Ambulance.

Heard, considered and decided by POPOVICH, C.J. and PARKER and LANSING, JJ.

MEMORANDUM OPINION AND ORDER

POPOVICH, Chief Judge.

NATURE OF THE ACTION

Appellant appeals the trial court's order dismissing respondent Pine County from this action pursuant to Minn.R.Civ.P. 12.03 for appellant's failure to comply with the notice provisions of Minn.Stat. § 466.05 (1980). Appellant claims there was substantial compliance with the provisions of Minn.Stat. § 466.05, subd. 1. Appellant also challenges the constitutionality...

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