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STATE, BY BURNQUIST v. FISCHER

No. 36,536.

245 Minn. 1 (1955)

STATE, BY J.A.A. BURNQUIST, ATTORNEY GENERAL, v. CLARENCE FISCHER AND OTHERS.

Supreme Court of Minnesota.

May 20, 1955.

Attorney(s) appearing for the Case

Leland A. Olson, for appellants.

Miles W. Lord, Attorney General, John H. Burwell and Melvin J. Peterson, Assistant Attorneys General, and Gorden S. Lundberg, Special Assistant Attorney General, for respondent.

CHRISTIANSON, JUSTICE.

Action is brought by the state of Minnesota against defendants who own lands over which the state seeks to establish a flowage easement appurtenant to an existing dam under M.S.A. 110.31, et seq. The trial court found that defendants or their predecessors in interest had dedicated a perpetual flowage easement over the lands in question2 for all overflow and other effects...

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