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CITY OF BLOOMINGTON v. MUNSON

No. 44543.

221 N.W.2d 787 (1974)

CITY OF BLOOMINGTON, Appellant, v. Arthur R. MUNSON, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied October 1, 1974.

Attorney(s) appearing for the Case

Gary L. Gandrud, City Atty., Robert D. Heacock, Jr., and Cynthia Hovden Albright, Asst. City Attys., Bloomington, for appellant.

Coulter, Nelson & Sullivan and V. Owen Nelson, Minneapolis, for respondents.

Heard by SHERAN, C. J., and TODD, MacLAUGHLIN, and McRAE, JJ., and considered and decided by the court.

GORDON L. McRAE, Justice.*

This is an appeal from an order of the district court denying a motion by the city of Bloomington to dismiss condemnation proceedings. Although the appeal is from an order which is not appealable as a matter of right,1 we do consider the matter on the basis of discretionary review under Rule 105, Rules of Civil Appellate Procedure, in the belief that no purpose will be served in dismissing...

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