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FISCHER v. TOWN OF ALBIN

Nos. 37,902, 37,906.

258 Minn. 154 (1960)

104 N.W. (2d) 32

ALFRED FISCHER v. TOWN OF ALBIN. OTTO G. KOTTEN AND OTHERS, INTERPLEADED DEFENDANTS.

Supreme Court of Minnesota.

May 20, 1960.

Attorney(s) appearing for the Case

Berens & Rodenberg, for appellant town of Albin.

Young, Kunz & Mueller, for appellants Kotten and Hoffman.

Gislason, Reim, Minium, Alsop & Dosland, for respondent.

DELL, CHIEF JUSTICE.

Defendants appeal from a judgment requiring the defendant town of Albin to remove or block certain culverts placed in a township road adjacent to plaintiff's property.

Plaintiff is the owner of property lying immediately west of a township road owned and maintained by the town of Albin. The interpleaded defendants Kotten and Hoffman own the property immediately to the east of said road. The lands involved are included within a drainage...

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