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CORNELIUS v. CITY OF FARGO

No. 7519.

74 N.W.2d 91 (1955)

Henry CORNELIUS, Kenneth Lewis, and Wallace Lewis, Plaintiffs and Appellants, v. The CITY OF FARGO, a municipality organized and existing under the laws of North Dakota, and the Board of City Commissioners of the City of Fargo, North Dakota, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied January 17, 1956.

Attorney(s) appearing for the Case

George E. Duis, Fargo, for appellants.

Conmy & Conmy, Fargo, for respondents.

GRIMSON, Justice.

This is an action brought to vacate certain annexation proceedings by the defendant, City of Fargo, as invalid and void, and asking for an order enjoining the defendant from proceeding further under said annexation proceedings. The district court found for the defendant and dismissed the action. Plaintiffs appeal.

This was an action properly triable to the court. There was no demand for a trial de novo. Under Section 28-2732, NDRC 1943, a...

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