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VILLAGE OF NEW BRIGHTON v. JAMISON

No. 48646.

278 N.W.2d 321 (1979)

VILLAGE OF NEW BRIGHTON, Petitioner, v. Duane B. JAMISON, et al., Respondents-below, Richard Miller, Appellant, James P. Miley, Applicant, Respondent.

Supreme Court of Minnesota.

April 20, 1979.

Attorney(s) appearing for the Case

Doherty, Rumble & Butler, Robert L. Davidson and Stephen T. Refsell, Minneapolis, for appellant.

Firestone, Fink, Krawetz & Stern and Israel E. Krawetz, St. Paul, for respondent.

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

PETERSON, Justice.

The issue for decision is whether an attorneys lien asserted by respondent, James P. Miley (hereafter intervenor), against funds owed to appellant, Richard N. Miller (hereafter defendant), his client in a condemnation matter, was properly determined by the summary proceeding provided by Minn.St. 1976, § 481.13(3).

A district court jury made an award to defendant condemnee against condemnor, the city of New Brighton (hereafter city)...

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