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H. CHISTIANSEN & SONS v. CITY OF DULUTH

No. 13169.

154 F.2d 205 (1946)

H. CHRISTIANSEN & SONS, Inc., v. CITY OF DULUTH.

Circuit Court of Appeals, Eighth Circuit.

April 1, 1946.

Attorney(s) appearing for the Case

I. K. Lewis, of Duluth, Minn. (Lewis & Sher, of Duluth, Minn., on the brief), for appellant.

Harry T. Lathrop, Asst. City Atty., of Duluth, Minn. (Harry E. Weinberg, City Atty., of Duluth, Minn., on the brief), for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

GARDNER, Circuit Judge.

This was an action sounding in tort, brought by appellant to recover a money judgment on account of damages caused to plaintiff's dock at Duluth, Minnesota, by reason of the alleged unlawful conduct of defendant in maintaining its public dock adjacent to that of plaintiff, in such a manner that it constituted a public nuisance.

We shall refer to the parties as they appeared in the court below.

There was no diversity of citizenship...

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