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STATE OF MINNESOTA IN SUPREME COURT A08-1673

Garrett M. Marshall, Employee, vs. Steinbrecher Painting, Inc., and Meadowbrook Claims Services, Relators, and Minnesota Department of Labor & Industry, Workers' Compensation Division, Respondent.

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T. Michael Kilbury, Peterson, Logren & Kilbury, P.A., St. Paul, Minnesota, for relators. Lori Swanson, Attorney General, Rory H. Foley, Assistant Attorney General, St. Paul, Minnesota, for respondent. ________________________________

Considered and decided by the court without oral argument.

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ORDER

Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed August 26, 2008, be, and the same is, affirmed without opinion. See Hoff v. Kempton, 317 N.W.2d 361, 366 (Minn. 1982) (explaining that "[s]ummary affirmances have no precedential value because they do not commit the court to any particular point of view," doing no more than establishing the law of the case). Dated: January 28, 2009

BY THE COURT:

/s/ Eric J. Magnuson Chief Justice

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