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CITY OF EVELETH v. TOWN OF FAYAL

No. 43046.

193 N.W.2d 831 (1972)

CITY OF EVELETH, Appellant, v. TOWN OF FAYAL, et al., Respondents.

Supreme Court of Minnesota.

January 21, 1972.

Attorney(s) appearing for the Case

Ben P. Constantine, Eveleth, for appellant.

Greenberg & Greenberg, Eveleth, for respondents.

Heard before KNUTSON, C. J., and OTIS, KELLY, and HACHEY, JJ.

OPINION

PER CURIAM.

This is a declaratory judgment action brought by the city of Eveleth to establish its ownership in a sewer system built by the town of Fayal. The trial court denied the relief sought, and the city appeals. We affirm.

The rights of the city and the town are governed by a contract entered between them on August 27, 1924. Pursuant to that agreement, the town at its own expense constructed a pumping station and 4/5 of a mile of sewer...

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