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PETERSON v. STATE HIGHWAY COMMISSIONER

No. 7391.

63 N.W.2d 138 (1954)

PETERSON v. STATE HIGHWAY COMMISSIONER.

Supreme Court of North Dakota.

January 14, 1954.

Attorney(s) appearing for the Case

T. S. Stuart, Crosby, for plaintiff and respondent.

Olaf Braatelien, Crosby, amicus curiae.

E. T. Christianson, Atty. Gen., and Ernest R. Fleck, Special Asst. Atty. Gen., Alvin C. Strutz, Special Asst. Atty. Gen., on oral argument, for defendants and appellants.

SATHRE, Judge.

This action arose out of a controversy between the plaintiff and the County Commissioners of Divide County and the State Highway Commissioner. The State Highway Commissioner had taken a part of plaintiff's land for highway purposes and the County Commissioners of the county were requested by the Highway Commissioner to assess the damages and make an award to the plaintiff for the land thus taken. All of the proceedings were had under Title 24, of the...

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