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CITY OF DULUTH, ST. LOUIS CTY. v. P.F.L.

No. C2-88-342.

431 N.W.2d 135 (1988)

CITY OF DULUTH, ST. LOUIS COUNTY, Minnesota, Petitioner, Respondent, v. P.F.L., INC., formerly Jeno's, Inc., et al., Appellants.

Court of Appeals of Minnesota.

November 8, 1988.

Attorney(s) appearing for the Case

David P. Sullivan, Sullivan & Setterlund, Ltd., Jerome P. Agnew, Bye, Boyd, Andresen, Gaylord W. Swelbar, Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A., Duluth, Tyrone P. Bujold, Robins, Zelle, Larson & Kaplan, Minneapolis, for respondent.

Frank R. Berman, Scott G. Harris, Frank R. Berman, P.A., Minneapolis, Bruce E. Coleman, Robert E. Mathias, Duluth, for appellants.

Heard, considered and decided by FOLEY, P.J., and CRIPPEN and SHORT, JJ.

OPINION

FOLEY, Judge.

This appeal is from an order of the court granting respondent City of Duluth's petition in condemnation and from a partial summary judgment also granted in favor of Duluth. We affirm.

FACTS

In 1986, during a condemnation proceeding prior to the one now under consideration, Duluth petitioned to condemn property of appellant P.F.L., Inc. and others for the construction of a paper mill. The Minnesota Supreme Court affirmed...

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