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GROBE v. OAK CENTER CREAMERY CO.

No. 38,245.

262 Minn. 60 (1962)

113 N.W. (2d) 458

ELWOOD B. GROBE AND ANOTHER v. OAK CENTER CREAMERY COMPANY.

Supreme Court of Minnesota.

February 9, 1962.

Attorney(s) appearing for the Case

Harry H. Peterson and Willis E. Donley, for relators.

Daniel F. Foley, for respondent.

MURPHY, JUSTICE.

This case is before us on certiorari to review an order of the District Court of Wabasha County granting the petition of the Oak Center Creamery Company, a cooperative, to condemn a part of the relators' land. The easement is sought for use in the construction and operation of a sewer drain for disposal of waste flowage from the creamery establishment. The right to take the property by eminent domain is predicated on Minn. St. 308.39, which reads...

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