Kurak v. Control Data Corp.

OPINION

NIERENGARTEN, Judge.

This is an appeal from a judgment denying the appellant’s motion to vacate an order which dismissed his action under Minn.R.Civ.P. 41.02 and Rule 4.03 of the Rules of the Fourth Judicial District. We reverse.

FACTS

Appellant Raymond Kurak initiated an age and reverse race discrimination suit against his former employer, respondent Control Data Corporation. Kurak served his summons and complaint but did not file the documents with the district court. When Control Data filed its answers with the Hennepin County District Court on April 8, 1981, a court file number was…