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GREEN v. BESTE

No. 7581.

76 N.W.2d 165 (1956)

E. E. GREEN and H. A. Meddaugh, on their own behalf and as residents and taxpayers of the City of Westhope, North Dakota, on behalf of other residents and taxpayers similarly situated, Plaintiffs and Appellants, v. Leo BESTE, as Mayor of the City of Westhope, a municipal corporation, and A. O. Benthagen, as City Auditor of Westhope, and W. H. Noel Company, a corporation, and City of Westhope, a municipal corporation, Defendants and Respondents.

Supreme Court of North Dakota.

March 29, 1956.

Attorney(s) appearing for the Case

Bosard & McCutcheon and Eugene Coyne, Minot, for appellants

McGee & Van Sickle, Minot, and Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for respondents.

GRIMSON, Judge.

This is an action brought by the plaintiffs, taxpayers of the City of Westhope on behalf of themselves and other residents similarly situated, under Chapter 32-06 NDRC 1943, for an injunction restraining the City of Westhope from entering into or carrying out a contract with W. H. Noel Co., for the construction of paving in districts No. 4, 5 and 6 of the City of Westhope. They allege that all the acts of the City of Westhope in connection with these...

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