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KESSLER v. THOMPSON

No. 7541.

75 N.W.2d 172 (1956)

Christ KESSLER, Plaintiff and Respondent, v. Sivert W. THOMPSON, Commissioner of the State Highway Department, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied March 6, 1956.

Attorney(s) appearing for the Case

Leslie R. Burgum, Atty. Gen., Vernon R. Pederson, Sp. Asst. Atty. Gen., for defendant and appellant.

Kelsch & Scanlon, Mandan, for plaintiff and respondent.

JOHNSON, Judge.

The plaintiff brought this action to enjoin the defendant from carrying on certain pending proceedings to condemn land owned by him for highway purposes needed as a part of Project F-694(1), consisting of 4.01 acres in the Southwest Quarter (SW¼) Section 12, Township 144 North of Range 88, Mercer County, North Dakota, and designated as parcel number 52.

The defendant employed the statutory procedure set forth in Chapters 24-01, NDRC 1943...

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