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315 N.W.2d 593

Miller v. Foley

Supreme Court of Minnesota

Decided February 10, 1982

Supreme Court of Minnesota · decided 1982-02-10

Relies on Sampson v. Murray · Dahlberg Brothers, Inc. v. Ford Motor Company

Decided 1982-02-10

SCOTT, Justice.

¶1Based upon all the files, records and proceedings herein,

¶2IT IS HEREBY ORDERED that the November 2, 1981, order for a temporary injunction and the judgment entered pursuant thereto on November 10, 1981, in the Ramsey County District Court, the Honorable J. Jerome Plunkett, be, and the same are, reversed as improvidently granted. See Sampson v. Murray, 415 U.S. 61, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974); Dahlberg Brothers, Inc. v. Ford Motor Co., 272 Minn. 264, 137 N.W.2d 314 (1965). The judgment is accordingly vacated and the matter is remanded to the trial court for trial on the merits. An opinion setting out the reasoning of the members of this court underlying this order will be filed in due course.

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