STATE OF MINNESOTA

IN SUPREME COURT

C3-96-2078

Don D. Myron,

Respondent,

vs.

City of Plymouth, petitioner,

Appellant.

O R D E R

Based upon all the files, records and proceedings herein and upon an evenly divided court,

IT IS HEREBY ORDERED that the decision of the court of appeals filed April 15, 1997, be, and the same is, affirmed without opinion.

Dated: July 6, 1998.

BY THE COURT:

 

Kathleen A. Blatz
Chief Justice

GILBERT, J. took no part in the consideration or decision of this case.