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REGENTS OF THE UNIVERSITY OF MINNESOTA v. IRWIN

No. 35,644.

239 Minn. 42 (1953)

REGENTS OF THE UNIVERSITY OF MINNESOTA v. DAVID S. IRWIN AND OTHERS. LIDA A. SMITH AND OTHERS, APPELLANTS.

Supreme Court of Minnesota.

March 27, 1953.

Attorney(s) appearing for the Case

Chapman & Chapman, for appellants.

J.A.A. Burnquist, Attorney General, Joseph J. Bright, Assistant Attorney General, for respondent.

FRANK T. GALLAGHER, JUSTICE.

The opinion filed November 21, 1952, is hereby withdrawn, and the following opinion filed in lieu thereof.

Appeal from an order of the district court denying appellants' motion for a new trial.

The material facts are briefly as follows: The regents of the University of Minnesota, referred to hereinafter as the regents, instituted condemnation proceedings to acquire certain real...

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