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FLETCHER OIL CO. v. BAY CITY

Docket No. 45, Calendar No. 46,851.

346 Mich. 411 (1956)

78 N.W.2d 205

FLETCHER OIL COMPANY v. CITY OF BAY CITY.

Supreme Court of Michigan.

Decided September 4, 1956.

Attorney(s) appearing for the Case

Smith & Brooker (Carl H. Smith, Jr., of counsel), for plaintiff.

Bernard S. Frasik (Joseph J. Favazza, of counsel), for defendant.

SHARPE, J.

This is a chancery action to restrain the city of Bay City and W.J. Meagher & Sons from going upon the lands of plaintiff, Fletcher Oil Company, to alter or repair certain water mains placed there by the city of Bay City. The following facts are not in dispute: Prior to 1923 there were 2 separate water systems maintained by the city of Bay City, one on the west side of the Saginaw river and one on the east...

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