NORTHERN STATES POWER CO. v. FRANKLIN

No. 38,728.

265 Minn. 391 (1963)

122 N.W. (2d) 26

NORTHERN STATES POWER COMPANY v. LYDIA E. FRANKLIN AND OTHERS. SCHMIDT INVESTMENT COMPANY, INC., APPELLANT.

Supreme Court of Minnesota.

May 17, 1963.


Attorney(s) appearing for the Case

Dorfman & Rudquist and Howard S. Marker, for appellant.

Comaford, Fassett, Clarkson & Lewis and David W. Lewis, for respondent Northern States Power Company.

Bruce James, for respondents Franklin.


ROGOSHESKE, JUSTICE.

Appeal from an order dismissing alternative counterclaims asserted by defendant Schmidt Investment Company, Inc., hereinafter designated defendant. The order resulted from a motion by plaintiff pursuant to Rule 12.02(5), Rules of Civil Procedure.

The sole issue raised by the appeal is whether the allegations of defendant's counterclaims were sufficient to withstand a motion for dismissal on the ground that each failed to state a claim...

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