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  5. 58 N.W.2d 623 (1953)
 

IN RE EXCLUSION OF LANDS FROM HEART RIVER IRR. DIST.

No. 7356.

58 N.W.2d 623 (1953)

In re EXCLUSION OF LANDS FROM HEART RIVER IRR. DIST. STARK et al. v. HEART RIVER IRR. DIST.

Supreme Court of North Dakota.

May 25, 1953.

Attorney(s) appearing for the Case

Sullivan, Kelsch & Scanlon, Mandan, for defendant and appellant.

Strutz, Jansonius & Fleck, Bismarck, for plaintiffs and respondents.

I. A. Acker, Special Asst. Atty. Gen., for State Water Conservation Commission, appearing amicus curiæ.

NELSON, District Judge.

The controversy to which this proceeding relates first came before this court on motion by respondents to dismiss the appeal taken by the defendant, Heart River Irrigation District, from an adverse judgment of the district court of Morton County, North Dakota. Stark v. Heart River Irrigation District, 77 N.D. 827, 47 N.W.2d 126. The motion was denied and the case was thereafter heard and decided on its merits...

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