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SAVAGE v. IOWA DEVELOPMENT COMPANY

Civ. No. 2681.

130 F.Supp. 42 (1955)

Thomas SAVAGE, Elizabeth Z. Savage, Raymond M. Cole, Nathan P. Malcolm, Elsie Malcolm, J. E. Polkinghorne, Edward Jesse and Mary Jesse, Plaintiffs, v. IOWA DEVELOPMENT COMPANY, a corporation, Chicago Great Western Railway Company of Minnesota, a corporation, Town of Inver Grove, and Bryan D. McGroarty, Albert Fisher and Charles Boche, individually, and as members of the Board of Supervisors of the Town of Inver Grove, Dakota County, Minnesota, Defendants.

United States District Court D. Minnesota, Third Division.

April 13, 1955.

Attorney(s) appearing for the Case

Lawrence L. Lenertz, South St. Paul, Minn., for members of the Town Board of Inver Grove, Bryan D. McGroarty, Albert Fisher, and Charles Boche and for the said members individually in support of the motion to dismiss.

Robert F. Leach and John G. Robertson (of Oppenheimer, Hodgson, Brown, Baer & Wolff), St. Paul, Minn., for plaintiffs in opposition to the motion.

Vance B. Grannis (of Grannis & Grannis), South St. Paul, Minn., for defendants in support of the motion.

BELL, District Judge.

This suit is to challenge the action of the Board of Commissioners of the Town of Inver Grove, the local governing board of the township under the laws of the State of Minnesota. The Complaint further prays for an injunction of the enforcement of the action of the Board and that the defendant Iowa Development Company be enjoined from conveying six hundred acres of its land to a purchaser for industrial purposes. Furthermore, that the Chicago...

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