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IN RE SCHMITZ

No. 32570.

44 Wn.2d 429 (1954)

268 P.2d 436

In the Matter of the Appeal of EMMA SCHMITZ From the Order Confirming the Assessment Roll for the Improvement of 56th Avenue S.W. et al., as Set Forth in Ordinance No. 81214 of the City of Seattle.

The Supreme Court of Washington, Department One.

March 19, 1954.

Attorney(s) appearing for the Case

Catlett, Hartman & Jarvis, for appellant.

A.C. Van Soelen and John A. Logan, for respondent.

WEAVER, J.

This is an appeal from a portion of the decree of the superior court confirming, as modified, the assessment roll of local improvement district No. 5957 of the city of Seattle, for the construction of the 56th avenue S.W. sewer.

The crux of this appeal is in the assignment of error directed to the court's finding of fact that

"... the objector [appellant] has failed to sustain the burden of proof by a preponderance of the evidence and the...

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