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HUGHES v. MICKA

No. 39414.

130 N.W.2d 505 (1964)

Henry HUGHES et al., Appellants, v. S. R. MICKA, C. H. Fish, John Fotopolous, Water, Light, Power and Building Commission of Village of Hibbing and Village of Hibbing, Respondents.

Supreme Court of Minnesota.

September 4, 1964.

Attorney(s) appearing for the Case

Mulvahill & Mulvahill, Hibbing, Sullivan, McMillan, Hanft & Hastings, Edward T. Fride and C. Byron Holje, Duluth, for appellants.

Naughtin & Naughtin, David Naughtin, C. G. Anderson, I. R. Galob and Hultstrand, Abate & Wivoda, James V. Abate, Hibbing, for respondents.

MURPHY, Justice.

This is an appeal from a judgment dismissing with prejudice an equitable action to restrain performance of an alleged illegal contract by municipal officials of the village of Hibbing. The Water, Light, Power and Building Commission of the village of Hibbing proposes to purchase a new 7,500 kilowatt generator and auxiliary equipment, costing in the neighborhood of $700,000, and pay for it out of the commission's Reserve for Replacement Fund. Appellants...

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