A08-242, A & L Potato Company, Inc., Appellant, vs. Aggregate Industries, defendant and third party plaintiff, Respondent, vs. Burlington Northern Santa Fe Railway, third party defendant, Respondent.

State: Minnesota

Court: Court of Appeals

Docket No: A08-242

Case Date: 03/31/2009

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A08-0242 A & L Potato Company, Inc., Appellant, vs. Aggregate Industries, defendant and third party plaintiff, Respondent, vs. Burlington Northern Santa Fe Railway, third party defendant, Respondent. Filed January 6, 2009 Reversed and remanded Stoneburner, Judge Polk County District Court File No. 60C705000191 Gerard D. Neil, Gerard D. Neil, P.C., 418 Third Street Northwest, P.O. Box 477, East Grand Forks, MN 56721 (for appellant) Patrick R. Morley, Kraig A. Wilson, Morley Law Firm, Ltd., Suite 200, 1697 South 42nd Street, P.O. Box 14519, Grand Forks, ND, 58208-4519 (for respondent Aggregate Industries) Carlton Hunke, Vogel Law Firm, 218 NP Avenue, P.O. Box 1389, Fargo, ND, 581071389 (for respondent Burlington Northern) Considered and decided by Shumaker, Presiding Judge; Stoneburner, Judge; and Stauber, Judge. SYLLABUS An offer of settlement made solely under Minn. R. Civ. P. 68 is deemed withdrawn if not accepted within ten days, and cannot, therefore, constitute a valid

settlement offer under Minn. Stat.

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