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LOWRY HILL PROPERTIES, INC. v. ASHBACH CONST. CO.

No. 43040.

194 N.W.2d 767 (1971)

LOWRY HILL PROPERTIES, INC., Appellant, v. ASHBACH CONSTRUCTION COMPANY, Respondent, Kimmes-Bartelma Construction Co., Inc., and K. B. V., Inc., Respondents.

Supreme Court of Minnesota.

Rehearing Denied March 16, 1972.

Attorney(s) appearing for the Case

Haverstock, Gray, Plant, Mooty & Anderson and Charles K. Dayton, Minneapolis, for appellant.

Meagher, Geer, Markham & Anderson, O. C. Adamson, II, and James W. Torke, Minneapolis, Moore, Costello & Hart, St. Paul, for Ashbach Const. Co.

King, Rieke, Lommen & Cole, Minneapolis, for Kimmes-Bartelma.

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., John R. Murphy, Sp. Asst. Atty. Gen., St. Paul, amicus curiae.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and HACHEY, JJ.

OPINION

RONALD E. HACHEY, Justice.*

Plaintiff, Lowry Hill Properties, Inc., appeals from summary judgment for defendants. The action arises from construction activities involved in the creation of an interstate highway interchange in the vicinity of Hennepin, Lyndale, Summit, and Douglas Avenues in Minneapolis, Minnesota. Plaintiff, the owner of several apartment buildings adjacent...

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