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IN RE PETITION FOR ESTABLISHMENT OF COUNTY DITCH NO. 78

No. 35,284.

233 Minn. 200 (1951)

IN RE PETITION OF ANDY DREOSCH AND OTHERS FOR ESTABLISHMENT OF COUNTY DITCH NO. 78. PARK S. MALVIN AND ANOTHER v. COUNTY OF BLUE EARTH.

Supreme Court of Minnesota.

February 16, 1951.

Attorney(s) appearing for the Case

Smith, McLean & Peterson and Carl W. Peterson, County Attorney, for appellant.

C.A. (Gus) Johnson and Gallagher, Farrish & Sheran, for respondents.

KNUTSON, JUSTICE.

Appeal from a judgment entered upon a jury verdict in an action involving an appeal from an order of the county board of Blue Earth county fixing benefits and assessing damages in a county ditch proceeding.

The facts are not in dispute. Respondents here, Park S. Malvin and Vilma M. Malvin, his wife, own and reside on a 240-acre farm in Vernon Center township, Blue Earth county. The farm consists...

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