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SCHERGER v. NORTHERN NATURAL GAS CO.

No. CX-96-2319.

575 N.W.2d 578 (1998)

Norbert SCHERGER, et al., Respondents, v. NORTHERN NATURAL GAS COMPANY, petitioner, Appellant.

Supreme Court of Minnesota.

Rehearing Denied April 7, 1998.

Attorney(s) appearing for the Case

Eastlund, Solstad & Hutchinson, Ltd., Thomas F. Hutchinson, Daniel J. McGarry, Minneapolis, Joseph R. Cade, Savage, for Appellant.

Dunlap & Seeger, P.A., Kenneth R. Moen, Rochester, for Respondents.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

Norbert and Delores Scherger (the "Schergers") petitioned the Dodge County District Court for a writ of mandamus1 requiring Northern Natural Gas Co. ("Northern") to initiate condemnation proceedings in order to replace an existing Northern pipeline located within an easement on the Schergers' property. After cross-motions for summary judgment on stipulated facts...

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