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ANDERSON v. STATE, DEPT. OF NAT. RESOURCES

No. A03-679.

674 N.W.2d 748 (2004)

Jeffrey ANDERSON, et al., Appellants, v. STATE of Minnesota, DEPARTMENT OF NATURAL RESOURCES, Respondent, John Doe, Defendant, Terry Ricks, d/b/a Ricks Aviation, Respondent, International Paper Co., f/k/a Champion International Corporation, Respondent, and Steven Ellis, Appellant, v. State of Minnesota, Department of Natural Resources, Respondent, John Doe, Defendant, Terry Ricks, d/b/a Ricks Aviation, Respondent.

Court of Appeals of Minnesota.

February 17, 2004.

Attorney(s) appearing for the Case

Stephen F. Rufer, Pemberton, Sorlie, Rufer & Kershner, P.L.L.P., and Timothy A. Rundquist, Rundquist Law Office, Fergus Falls, MN, for appellants.

Mike Hatch, Attorney General, Jerome L. Getz, Assistant Attorney General, St. Paul, MN, for respondent Department of Natural Resources.

Craig E. Johnson, Johnson Ramstad & Mottinger, PLLP, Fargo, ND, for respondent Terry Ricks, d/b/a Ricks Aviation.

Alexandra B. Klass, John D. Ostergren, Sara Jane Peterson, Dorsey & Whitney LLP, Minneapolis, MN, for respondent International Paper Company.

Marci L. Iseminger (pro hac vice), Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett, Storm & Jensen, P.C., Sioux City, IA; and Patrick T. Tierney, Collins, Buckley, Sauntry & Haugh, P.L.L.P., St. Paul, MN, for amicus curiae Sioux Honey Association Cooperative.

Considered and decided by HARTEN, Presiding Judge; PETERSON, Judge; and HUDSON, Judge.

OPINION

HUDSON, Judge.

Appellants Jeffrey Anderson, James Whitlock, and Steven Ellis appeal from a district court grant of summary judgment in favor of respondents International Paper Company (IP) and the Department of Natural Resources (DNR).

In 1998, appellant beekeepers began noticing high bee mortalities in their beehives located at various properties across central Minnesota. Appellants claim the high bee mortalities were caused by respondents...

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