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BRACE v. STEELE COUNTY

No. 7193.

42 N.W.2d 672 (1950)

BRACE v. STEELE COUNTY.

Supreme Court of North Dakota.

Rehearing Denied May 31, 1950.

Attorney(s) appearing for the Case

Wallace E. Warner, Attorney General, P. O. Sathre, C. E. Brace, Assistant Attorneys General, and Albert C. Bakken, Jr., State's Attorney of Steele County, Finley, for appellant.

Roy K. Redetzke, Fargo, for respondent.

CHRISTIANSON, Judge.

The plaintiff brought this action to enjoin the defendant county from obstructing a natural waterway and drain and thereby flooding and injuring certain lands owned by the plaintiff. The obstruction complained of consisted of a certain graded highway which it is alleged obstructed the flow of water, and resulted in the flooding of the lands owned by the plaintiff.

The action was instituted by summons dated May 6, 1949. The complaint in...

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