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STATE OF MINNESOTA IN SUPREME COURT A10-1577

Richard A. LaFountain, Relator, vs. M.A. Gedney Company and SFM Mutual Insurance Company, Respondents.

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David R. Vail, Soderberg & Vail, L.L.C., Minneapolis, Minnesota, for relator. Beth Giebel Mandel, Lynn, Scharfenberg & Associates, Minneapolis, Minnesota, for respondents. _______________________________

Considered and decided by the court without oral argument.

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 16, 2010, be, and the same is, affirmed without opinion. See Hoff v. Kempton, 317 N.W.2d 361, 366 (Minn. 1982) (explaining that "[s]ummary 1

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 3, 2011 BY THE COURT:

/s/ G. Barry Anderson Associate Justice

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