Minnesota Supreme Court Opinions & Orders
May - September 1996

May 2, 1996

  • C5-96-42, In Re Petition for Disciplinary Action against Paul M. Heim, an Attorney at Law of the State of Minnesota.
  • C6-96-356, Douglas Aune, Relator vs. ConAgra, Inc., and Hartford Insurance Company, Respondents.
  • C6-96-356, Aune v. ConAgra, Inc., et al. Workers' Compensation Court of Appeals. (Filed April 25, 1996, Affirmed. Decision without written opinion.)

    May 3, 1996

  • C7-95-1666, In Re Lawyers Professional Responsibility Board Panel No. 94-17.

    May 9, 1996

  • C1-95-1095, State of Minnesota, Respondent, vs. Kevin Vashon Lewis, Appellant.
  • C7-94-300, Dr. Frank A. Ubel, M.D., and Dr. Howard Anderson, M.D., each individually and as members of a class of persons similarly situated, plaintiffs/class representatives, petitioners, Appellants, vs State of Minnesota, et al., Respondents.
  • C7-95-2526, Deartice (Mason) Sanders, Respondent, vs. Northwest Airlines, Inc., Kemper Risk Management Services/Kemper National Insurance Companies, Relator, and Medica Choice by HRI, Intervenor.
  • C3-96-251, Timmerman v. Geo. A. Hormel & Co., Relator, et al. Workers' Compensation Court of Appeals. (Filed April 30, 1997, Affirmed. Decision without written opinion.)
  • C1-95-247, Becerra v. Pine Valley Meats, et al. Workers' Compensation Court of Appeals. (Filed April 30, 1997, Affirmed. Decision without written opinion.)
  • C4-96-419, Otremba, Relator, v. St. Otto's Nursing Home, et al. Workers' Compensation Court of Appeals. (Filed April 30, 1997, Affirmed. Decision without written opinion.)

    May 16, 1996

  • C4-94-2358, Frank Bills, Respondent, vs. Willow Run I Apartments, a Partnership, under the law of the State of Minnesota, et al., petitioners, Appellants.
  • C5-95-449, In the Matter of the Paternity of: J.A.V. and Conrad Hisgun, Respondent, vs. Denise Velasco, petitioner, Appellant.
  • C5-95-497, Auto-Owners Insurance Company, petitioner, Appellant, vs. Robert A. Todd, Respondent, and K.T., a natural person, Respondent.

    May 23, 1996

  • C0-95-763, In the Matter of the Welfare of: S.Z.
  • C2-94-2469, State of Minnesota, Respondent, vs. Peter Dean Paul, Appellant.
  • C4-94-2604, State of Minnesota, petitioner, Appellant, vs. Billy Jim Krotzer, Respondent.
  • C4-94-321, In Re Petition for Disciplinary Action against Jeffrey T. Wallace, an Attorney at Law of the State of Minnesota.
  • C9-96-643, In Re Petition for Disciplinary Action against Eric A. Short, an Attorney at Law of the State of Minnesota.

    May 30, 1996

  • C0-95-1783, Leo M. Evans, Relator, vs. County of Hennepin, Respondent.
  • C1-95-58, Great West Casualty Company, Respondent, vs. Northland Insurance Company, Appellant.
  • C1-96-412, Charles M. Zidich, Respondent, vs. National Cash Register Corp., and Hartford Insurance Group, Respondents, and Concraft Builders, Inc., and Employers Insurance of Wausau, Respondent and The Jamar Company and State Fund Mutual Ins. Co., Relators.
  • C3-96-461, The Gillette Company, Self-Insured/ CIGNA, Relator, and Medica Choice/HRI MA Mutual Life Insurance Co., Intervenors.
  • C4-95-376, Steven J. Hermeling, Plaintiff, vs Minnesota Fire & Casualty Company, f/k/a Minnesota Mutual Fire & Casualty Company, defendant and third-party plaintiff, Appellant, vs. Roschelle Johnson Lessard, et al., Respondents.
  • CX-96-442, Clarence Benford, Relator, vs. Standard Iron & Wire Works, Inc., and CIGNA Property & Casualty Insurance Co., Respondents, and Minnesota Department of Human Services, Intervenor.
  • CX-96-442, Benford v. Standard Iron & Wire Works, Inc., et al. Workers' Compensation Court of Appeals. (Filed May 22, 1996, Affirmed. Decision without written opinion.)
  • C3-96-461, Hennen v. The Gillette Co., et al. Workers' Compensation Court of Appeals. (Filed May 22, 1996, Affirmed. Decision without written opinion.)
  • C1-96-412, Zidich v. National Cash Register Corp., et al. Workers' Compensation Court of Appeals. (Filed May 24, 1996, Reversed. Decision without written opinion.)

    June 6, 1996

  • C1-94-2110, Michael C. O'Malley, et al., petitioner, Appellants, vs. Ulland Brothers, et al., Respondents, Max Johnson Trucking, Respondent.
  • C3-95-2605, In Re Petition for Disciplinary Action against Larry M. Schmidthuber, an Attorney at Law of the State of Minnesota.
  • C7-94-2225, Damon Lamont Banks, Respondent, Russell Lowell Grant, et al., Respondents, vs. American Family Mutual Insurance Company, intervenor, petitioner, Appellant
  • C7-94-2564, C8-94-2573, Hyland Hill North Condominium Association, Inc., Respondent, and St. Paul Fire and Marine Insurance Company, Intervenor, vs. Hyland Hill Co., et al., petitioners, Appellants.
  • C8-95-1532, In Re Petition for Reinstatement to the Practice of Law of Jeremy C. Shea.
  • C8-95-929, Francis and Barbara Brun, Respondents, vs. Commissioner of Revenue, Relator.
  • CX-93-653, In Re Petition for Reinstatement to the Practice of Law of Edward B. Dickson.

    June 13, 1996

  • C4-95-1379, In re Petition for Disciplinary Action against John G. Ganley, an Attorney at Law of the State of Minnesota.
  • C5-94-1820, C7-94-1821, Minnegasco, a Division of NorAm Energy Corp., f/k/a/ Minnegasco, a Division of Arkla, Inc., petitioner, Appellant, Northern States Power Co., et al., petitioners, Appellants, vs. Minnesota Public Utilities Commission, Respondent, Minnesota Alliance for Fair Competition, Respondent.
  • C8-96-617, William V. Burke, Respondent, vs. F-M Asphalt, Iowa National Mutual Insurance Co., Relator.
  • C9-96-559, C0-96-563, Ronald C. Rymer, Relator (C9-96-559), Respondent (C0-96-563), vs. Jiffy Lube, State Fund Mutual Insurance Company, Respondents (C9-96-559), Relators (C0-96-563).
  • C9-96-562, Kelly Mahoney, Relator, vs. Southern Minnesota Sugar Beet Coop., Self-Insured/Berkley, Respondents.
  • CX-94-1750, In Re Petition for Reinstatement to the Practice of Law of David L. Scattarella.
  • C9-96-562, Mahoney v. Southern Minnesota Sugar Beet Coop, et al. Workers' Compensation Court of Appeals. (Filed June 4, 1996, Affirmed. Decision without written opinion.)
  • C8-96-617, Burke v. F-M Asphalt, et al. Workers' Compensation Court of Appeals. (Filed June 4, 1996, Affirmed. Decision without written opinion.)
  • C9-96-559; C0-96-563, Rymer v. Jiffy Lube, et al. Workers' Compensation Court of Appeals. (Filed June 5, 1996, Affirmed. Decision without written opinion.)

    June 20, 1996

  • C2-94-2441, Western National Mutual Insurance Company, petitioner, Appellant, Office of Appellate Courts vs. Raymond Casper, Respondent.
  • C4-96-1201, In Re Petition for Appointment of a Trustee Regarding Carol Sue Merlin, an Attorney at Law of the State of Minnesota.
  • C6-94-76, Marlene Meath, Respondent, vs. Harmful Substance Compensation Board, petitioner, Appellant.
  • C8-91-937, In Re Petition for Disciplinary Action against A. Demetrius Clemons an Attorney at Law of the State of Minnesota.

    June 27, 1996

  • C0-94-1515, James Hurlburt, Plaintiff, St. Paul Companies, Intervenor, vs. Northern States Power Company, et al., Defendants, and Kraus-Anderson Incorporated, third-party plaintiff, Respondent, vs. Imperial Developers, Inc., third-party defendant, Appellant.

    July 3, 1996

  • C0-96-1261, In Re Petition for Disciplinary Action against Jeanne Therese Chacon, an Attorney at Law of the State of Minnesota.
  • C2-95-2420, Gregory J. McMaster, petitioner, Appellant, vs. State of Minnesota, Respondent.
  • C4-88-1993, In Re Petition for Disciplinary Action against Dennis W. Strid, an Attorney at Law of the State of Minnesota.
  • C4-96-873, Charles Diemer, Petitioner, vs. Arne H. Carlson, Governor, and Joan Anderson Growe, Secretary of State, Respondents.
  • C5-95-1892, State of Minnesota, petitioner, Appellant, vs. John Keith Pike, Respondent.
  • CX-96-1042, In Re Petition for Disciplinary Action against Harold R. Finn, Jr., an Attorney at Law of the State of Minnesota.

    July 11, 1996

  • C1-95-707, Judith Lipka as Special Administrator of the Estate of Marianne Bohl, petitioner, Appellant, vs. Minnesota School Employees Association, Local 1980, et al., Respondents.
  • C3-96-394, Michael A. Weed, Relator, vs. Commissioner of Revenue, Respondent.
  • C4-93-2415, In Re Petition for Disciplinary Action Against Reynaud L. Harp, an Attorney at Law of the State of Minnesota.
  • C4-95-863, Mower County Human Services, o/b/o Kimberly Swancutt, petitioner, Appellants, vs. Mark A. Swancutt, Respondent.
  • C4-96-1201, In Re Petition for Disciplinary Action against Carol Sue Merlin, an Attorney at Law of the State of Minnesota.
  • C6-95-2632, In Re Petition for Disciplinary Action against Gerald McNabb, an Attorney at Law of the State of Minnesota.
  • C7-96-1077, In Re Petition for Disciplinary Action against Robert P. Gust, an Attorney at Law of the State of Minnesota.
  • C9-95-1376, State of Minnesota, Respondent, vs. David Arthur Spaeth, Appellant.
  • C9-95-1880, Questar Data Systems, Inc., Relator, vs. Commissioner of Revenue, Respondent.
  • C9-96-1078, In Re Petition for Disciplinary Action against Katayoun Mohammad-Zadeh, an Attorney at Law of the State of Minnesota.
  • C9-96-240, In Re Charges of Unprofessional Conduct against 95-30, an Attorney at Law of the State of Minnesota.

    July 18, 1996

  • C0-95-2450, Ferche Acquisitions, Inc., petitioner, Respondent, vs. County of Benton, Relator.
  • C1-94-2088, State of Minnesota, Respondent, vs. Leonard Joseph Richards, Appellant.
  • C4-94-1551, In Re Petition for Disciplinary Action against Warren Elof Strom, an Attorney at Law of the State of Minnesota.
  • C5-95-2668, Keith, C.J. State of Minnesota, Respondent, vs. Steven Allen Turner, Petitioner, Northwest Publications, Inc., Respondent.
  • C6-96-938, In Re Petition for Disciplinary Action against Thomas J. Blackmar, an Attorney at Law of the State of Minnesota.
  • C9-95-499, American Commerce Insurance Brokers, Inc., Respondent, vs. Minnesota Mutual Fire and Casualty Company, petitioner, Appellant.
  • CX-96-666, In Re Petition for Disciplinary Action against Timothy Vincent Ostroot, an Attorney at Law of the State of Minnesota.
  • C2-96-564, Felix v. MN Dept. of Natural Resources, et al. Workers' Compensation Court of Appeals. (Filed July 10, 1996, Affirmed. Decision without written opinion.)
  • C9-96-786, Carlson v. Montgomery Ward, et.al. Workers' Compensation Court of Appeals. (Filed July 10, 1996, Affirmed. Decision without written opinion.)
  • C2-96-919, Hanson v. Melvin Simon & Assoc., et al. Workers' Compensation Court of Appeals. (Filed July 10, 1996, Affirmed. Decision without written opinion.)
  • C1-96-801, Drews v. Kohl's, et al. Workers' Compensation Court of Appeals. (Filed July 12, 1996, Affirmed. Decision without written opinion.)
  • C0-96-773, Nieman v. Boston Health Care Systems, Inc., et al. Workers' Compensation Court of Appeals. (Filed July 12, 1996, Affirmed. Decision without written opinion.)

    July 25, 1996

  • C0-95-1217, In Re Petition for Disciplinary Action against Lawrence E. Shinnick, an Attorney at Law of the State of Minnesota.
  • C1-95-1324, State of Minnesota, by Hubert H. Humphrey, III, Its Attorney General, Plaintiff, and Blue Cross and Blue Shield of Minnesota, Respondent, vs. Philip Morris Incorporated, Petitioner, R. J. Reynolds Tobacco Company, Petitioner, Brown & Williamson Tobacco Corporation, Petitioner, B.A.T. Industries, P.L.C., Defendant, Lorillard Tobacco Company, Petitioner, The American Tobacco Company, Petitioner, Liggett Group, Inc., Petitioner, The Council for Tobacco Research - U.S.A., Inc., Petitioner, The Tobacco Institute, Inc., Petitioner.
  • C4-96-128, In Re Petition for Disciplinary Action against John E. Grzybek, an Attorney at Law of the State of Minnesota.
  • C9-94-2257, Sarah E. Williams, Respondent, vs. St. Paul Ramsey Medical Center, Incorporated, petitioner, Appellant.
  • C9-96-593, David L. Black, Relator, vs. Honeywell, Inc., Self-Insured/Sedgwick James of Minn., Respondent.
  • C0-96-790, Alvord v. Hoffman Engineering Co., et al. Workers' Compensation Court of Appeals. (Filed July 19, 1997, Affirmed. Decision without written opinion.)

    August 1, 1996

  • C7-95-1733, State of Minnesota, Respondent, vs. Scott Peter Zenanko, Appellant.
  • C9-95-1751, In Re: Estate of Arnold J. Kruegel, Deceased.

    August 8, 1996

  • C2-94-2147, State of Minnesota, Respondent, vs. Andrea Lynn Wynne, Appellant.
  • C2-96-130, In Re: Gerald N. Butler, Debtor. Molly T. Shields, Trustee for the Estate of Gerald N. Butler, Plaintiff, vs. Norman Goldetsky and Percy Greenberg, Defendants.
  • C5-95-1021, Steven Anderly d/b/a Nye's Polonaise Room Restaurant, et. al., Respondents, vs. City of Minneapolis, Respondent, Minneapolis Community Development Agency, petitioner, Appellant, Brighton Development Corporation and Marquette Historic Limited Partnership, Respondents.
  • CX-95-1239, American Standard Insurance Company, Appellant, Office of Appellate Courts vs. Dang Van Le, Respondent, Truong Huu Do, et al., Defendants, Huong Thi Nguyen, Respondent.

    August 15, 1996

  • C1-95-223, In Re: Minnesota Asbestos Litigation.
  • C3-95-1101, State of Minnesota, Respondent, vs. Marlow Devette Jones, Appellant.
  • C7-95-484, Virgil Bedow, et al., Respondents, vs. Randy J. Watkins, Respondent, State of Minnesota Real Estate Education, Research and Recovery Fund, petitioner, Appellant.
  • C7-96-1080, In Re Petition for Disciplinary Action against Conrad M. Fredin, an Attorney at Law of the State of Minnesota.

    August 22, 1996

  • C2-87-72, In Re Petition for Reinstatement to the Practice of Law of James L. Lawton, III, Petitioner.
  • C5-95-2525, In Re Petition for Reinstatement to the Practice of Law of William L. Thomas, Petitioner.
  • CX-95-429, Robert Zeman, Respondent, vs. City of Minneapolis, et al., petitioners, Appellants.

    August 29, 1996

  • C0-94-2115, H.B. and S.B., minor children, by and through Tracy Clark, their parent and natural guardian, et al., Respondents, vs. Willard McLean Whittemore, Respondent, SLS Partnership, a General Partnership, petitioner, Appellant, Faegre & Lyons Management Resources, Inc., a Minnesota corporation, d/b/a Faelon Properties, petitioner, Appellant.
  • C1-94-2365, State of Minnesota, by David Beaulieu, Commissioner, Department of Human Rights, petitioner, Appellant, vs. RSJ, Inc., d/b/a Jose's American Bar & Grill, et al., Respondents.
  • C2-95-490, Allied Mutual Insurance Company, Respondent, vs. Western National Mutual Insurance Company, petitioner, Appellant.
  • C3-94-1136, Henry F. Boubelik, et al., Respondents, vs. Liberty State Bank, petitioner, Appellant.
  • C3-95-532, David and Gayle Johnson, as Trustees for the heirs and next-of-kin of Melissa Noelle Johnson, Respondents, vs. State of Minnesota and its agents, Orville Pung, et al., petitioner, Appellants, Hennepin County and its officers, employees and agents, Thomas Lamb, et al., petitioner, Appellants, 180 Degrees, Inc., petitioner, Appellant.
  • C5-95-1052, Matthew Watson, a minor by his mother and natural guardian, June Hanson, Respondent, vs. Metropolitan Transit Commission, petitioner, Appellant.
  • C6-95-816, Fredric V. Janklow, Respondent, vs. Minnesota Board of Examiners for Nursing Home Administrators, et al., petitioners, Appellants.
  • C7-95-2154, Dorian Waynewood, petitioner, Appellant, vs. State of Minnesota, Respondent.
  • CX-94-2106, Robert Hasnudeen and Tracy Hines, Appellants, vs. Onan Corporation, Respondent.

    September 5, 1996

  • C1-95-1274, David E. Malmin and Jeanette Malmin, Respondents, vs. Minnesota Mutual Fire & Casualty Company, Appellant.
  • C3-95-1132, Darlene Zank, Respondent, vs. Gary Arthur Larson, Respondent, City of St. Paul, petitioner, Appellant.
  • C9-96-1078, In Re Petition for Reinstatement to the Practice of Law of Katayoun Mohammad-Zadeh.
  • C1-96-1267, Peterson v. Everything Clean, Inc., et al. Workers' Compensation Court of Appeals. (Filed August 27, 1996, Affirmed. Decision without written opinion.)
  • C0-96-1065, Wagner v. Marvin Windows. Workers' Compensation Court of Appeals. (Filed August 28, 1996, Affirmed. Decision without written opinion.)
  • C2-96-1102, Winkelman v. Insulation Systems, et al. Workers' Compensation Court of Appeals. (Filed August 28, 1996, Affirmed. Decision without written opinion.)

    September 12, 1996

  • C2-94-1435, State of Minnesota, Respondent, vs. Paul Edward Orsello, petitioner, Appellant.

    September 19, 1996

  • C1-96-104, State of Minnesota, Respondent, vs. Michael Lee Perkins, Appellant.
  • C2-95-2207, Joseph F. Bartl, et al., Respondents, vs. Keith M. Kenyon, Appellant.
  • C2-96-306, State of Minnesota, Appellant, vs. Jamison Blake Malik, Respondent.
  • C8-91-937, In Re Petition for Reinstatement to the Practice of Law of A. Demetrius Clemons, Petitioner.
  • C8-95-767, In Re the Marriage of: David John Gales, petitioner, Appellant, vs. Michelle Lynne Gales, Respondent.

    September 26, 1996

  • C3-96-721, In Re Petition for Disciplinary Action against Michael H. Randall, an Attorney at Law of the State of Minnesota.
  • C4-96-1411, Fahey v. Aspen Medical Group, et al. Workers' Compensation Court of Appeals. (Filed September 20, 1996, Affirmed. Decision without written opinion.)
  • C4-96-1179, Keuten v. Viele Contracting, Inc., et al. Workers' Compensation Court of Appeals. (Filed September 23, 1996, Affirmed. Decision without written opinion.)
  • C4-96-1635, Atkinson v. Goodhue County Co-op Electric Assoc., et al. Workers' Compensation Court of Appeals. (Filed September 23, 1996, Affirmed. Decision without written opinion.)
  • C0-96-1308; C8-96-1315, Spriggs v. University Health Care Center, et al. Workers' Compensation Court of Appeals. (Filed September 23, 1996, Affirmed. Decision without written opinion.)
  • C8-96-1346, Brown v. Metropolitan Council Transit Operation. Workers' Compensation Court of Appeals. (Filed September 23, 1996, Affirmed. Decision without written opinion.)
  • C2-96-1441, Bowland v. Robertson-CECO Corp., et al. Workers' Compensation Court of Appeals. (Filed September 23, 1996, Affirmed. Decision without written opinion.)


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