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DEPUTY COMM'R v. O. & A. ELECTRIC CO-OP.

Calendar No. 45,305.

332 Mich. 713 (1952)

52 N.W.2d 565

DEPUTY COMMISSIONER OF AGRICULTURE v. O. & A. ELECTRIC CO-OPERATIVE, INC.

Supreme Court of Michigan.

Decided April 7, 1952.

Attorney(s) appearing for the Case

Chester A. Ray, for plaintiffs.

Robinson, Robinson & Robinson, for defendant.

DETHMERS, J.

Plaintiffs brought mandamus to require defendant to remove temporarily its power lines and poles from a drain right-of-way because they interfered with the free movement of excavating equipment used in connection with the cleaning, deepening and widening of the drain. From an order granting the writ defendant appeals.

Plaintiffs acquired the right-of-way prior to 1935 by conveyances never recorded in...

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