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SMITH v. SPITZENBERGER

No. C0-84-1688.

363 N.W.2d 470 (1985)

Lee C. SMITH, et al., Respondents, v. Joseph P. SPITZENBERGER, et al., Appellants.

Court of Appeals of Minnesota.

February 26, 1985.

Attorney(s) appearing for the Case

Sarah E. Arendt, Minneapolis, for respondents.

William D. Harper, Harper & Anderson, Cottage Grove, for appellants.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

Respondents obtained a temporary injunction restraining the cancellation of a contract for deed. Appellants claim the trial court did not have the authority to issue the preliminary injunction because respondents had not commenced an action before obtaining the injunction. We affirm.

FACTS

Appellants sold a house to respondents on August 25, 1980. The purchase...

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