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WARMKA v. ROOT

No. 47203.

260 N.W.2d 183 (1977)

Sylvester WARMKA, et al., Appellants, v. G. Maurice ROOT, et al., Respondents.

Supreme Court of Minnesota.

November 18, 1977.

Attorney(s) appearing for the Case

Putnam, Spencer & Johnson and Rector H. Putnam, Blue Earth, for appellants.

Johnson, Berens & Wilson and Newton A. Johnson, Fairmont, for respondents.

Considered and decided by the court without oral argument.

PER CURIAM.

Sylvester Warmka and Darlene Warmka own farm property in Blue Earth County, Minnesota, immediately adjacent to the farm property of G. Maurice Root and Velva Root. Darrel Wood owns farm property in the same area. All properties were assessed for a drainage ditch. Root proposed to install drain tile and a culvert as a means of facilitating his use of the drainage ditch. Warmka and Wood sought to restrain this use on the grounds that Root was not draining...

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