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CITY OF CLOQUET v. CLOQUET SAND & GRAVEL, INC.

No. 46517.

251 N.W.2d 642 (1977)

CITY OF CLOQUET, Respondent, v. CLOQUET SAND AND GRAVEL, INC., et al., Appellants.

Supreme Court of Minnesota.

March 4, 1977.

Attorney(s) appearing for the Case

Harper, Eaton, Gustafson & Peterson, and James Harper, Duluth, for appellants.

Newby & Dodge, and Harry L. Newby, Jr., Cloquet, Fryberger, Buchanan, Smith, Sanford & Frederick and Harold A. Frederick, Duluth, for respondent.

Heard before ROGOSHESKE, PETERSON and KELLY, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

Plaintiff, City of Cloquet, is a municipal corporation. Defendant Cloquet Sand and Gravel, Inc., is a Minnesota corporation, and the successor in interest of defendant Cloquet Ready Mix, Inc. At the time of trial, the former defendant was in exclusive control of approximately 40 acres of land in Carlton County on which it operated a gravel pit, from which it removed gravel and processed it on the premises...

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