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NYBERG v. WERMERSKIRSCHEN

No. 45997.

233 N.W.2d 767 (1975)

Patricia NYBERG, Respondent, v. Walter WERMERSKIRSCHEN, d.b.a. Alberts Bay Egg Farm, Park Rapids, Relator.

Supreme Court of Minnesota.

September 26, 1975.

Attorney(s) appearing for the Case

I. L. Swanson, Elbow Lake, for relator.

Fillenworth, Franta & Frank and Lawrence W. Frank, Lamberton, for respondent.

Heard at Special Term by ROGOSHESKE, J., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

Defendant-relator seeks a writ of mandamus directing transfer of venue of this action for breach of contract from Redwood County, where the action was commenced, to Hubbard County, the residence of defendant. The trial court, ruling that "the moving party has the burden of establishing grounds for such removal," denied defendant's motion, finding that part of the cause of action, defendant's breach by nonpayment, arose in Redwood County. We disagree...

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