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WENDINGER v. FORST FARMS, INC.

No. CX-02-1603.

662 N.W.2d 546 (2003)

Gerald WENDINGER, et al., Appellants, v. FORST FARMS, INC., et al., Respondents, WAKEFIELD PORK, INC., Respondent.

Court of Appeals of Minnesota.

June 10, 2003.

Attorney(s) appearing for the Case

Thomas G. Dunnwald, Dunnwald & Peterson, P.A., Minneapolis, MN, for appellants.

Clark A. Tuttle III, Berens, Rodenberg & O'Connor, Chtd., New Ulm, MN, for respondents Forst Farms, Inc., et al.

Gary W. Koch, Dustan J. Cross, Sara N. Wilson, Gislason & Hunter LLP, New Ulm, MN, for respondent Wakefield Pork, Inc.

Mike Hatch, Attorney General, Craig L. Engwall, Assistant Attorney General, St. Paul, MN, for amicus curiae State of Minnesota.

Susan E. Stokes, David R. Moeller, Carl L. Flink, Farmers' Legal Action Group, Inc., St. Paul, MN, for amicus curiae Land Stewardship Project.

James P. Peters, Karna M. Peters, Peters & Peters, PLC, Alexandria, MN, for amicus curiae MN COACT.

Considered and decided by LANSING, Presiding Judge, KLAPHAKE, Judge, and HUDSON, Judge.

OPINION

LANSING, Judge.

On cross-motions for summary judgment in a dispute involving allegations of nuisance, negligence, and trespass against a confined-animal feeding operation, the district court granted summary judgment for Jerome, Alma, and James Forst, Forst Farms, Inc., and Wakefield Pork, Inc. The district court did not decide the summary judgment motion of Gerald and Julie Wendinger on the issue of agency. The Wendingers appeal, and we affirm in...

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