MINNEAPOLIS GAS CO. v. ZIMMERMAN

No. 37,568.

253 Minn. 164 (1958)

91 N.W. (2d) 642

MINNEAPOLIS GAS COMPANY v. L.P. ZIMMERMAN.

Supreme Court of Minnesota.

July 11, 1958.


Attorney(s) appearing for the Case

Miles Lord, Attorney General, Robert W. Mattson, Deputy Attorney General, and Sydney Berde and Jerome F. Chapman, Special Assistant Attorneys General, for appellant.

John C. Benson, Wright W. Brooks, Faegre & Benson, Ralph H. Lee, George C. Mastor, Farnand, Lee & Mastor, and Daniel R. Hart, for respondent.

G. Aaron Youngquist and Youngquist, Comaford, Danforth, Fassett & Clarkson, for Minnesota Valley Natural Gas Company, amicus curiae.

Louis B. Brechet, for Minnesota Telephone Association, Inc., amicus curiae.

Richard E. Kyle, Frank Hammond, and Briggs, Gilbert, Morton, Kyle & Macartney, for Minnesota Municipal Utilities Association, amicus curiae.

Gustav C. Axelrod, for Minnesota Automobile Association, amicus curiae.

Cyrus Erickson, Arthur R. Renquist, and Roland W. Comstock, for Northern States Power Company, amicus curiae.

Charles A. Sawyer, City Attorney of Minneapolis, Harry Weinberg, City Attorney of Duluth, and Marshall Hurley, City Attorney of St. Paul, for said cities, amici curiae.

Garfield E. Lovaas, for Northwestern Bell Telephone Company, amicus curiae.


MATSON, JUSTICE.

Defendant appeals from a summary judgment granted to plaintiff upon the pleadings and stipulated facts.

This action was initiated by plaintiff's petition asking for declaratory relief adjudging Ex. Sess. L. 1957, c. 41 (hereinafter referred to as the Reimbursement Act), to be constitutional, and further praying for a peremptory writ of mandamus to compel the defendant, as commissioner of highways for the State...

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