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STATE v. ANDERSON

No. 37,270.

251 Minn. 401 (1958)

87 N.W. (2d) 839, 928

STATE, BY MILES LORD, ATTORNEY GENERAL, v. JOHN ANDERSON AND OTHERS. LENA SCHRADER, FORMERLY LENA HACKER, PETITIONER IN INTERVENTION.

Supreme Court of Minnesota.

February 7, 1958.

Attorney(s) appearing for the Case

Miles Lord, Attorney General, John R. Murphy, Assistant Attorney General, and Victor J. Michaelson, Special Assistant Attorney General, for appellant.

L.J. Lauerman, E.V. Cliff, and Eastvold & Pflueger, for respondent.

MATSON, JUSTICE.

Appeal by the state from a judgment adjudging that the state has taken a perpetual flowage easement upon the intervening property owner's land and awarding damages for such taking.1

This case, involving an omitted property owner in condemnation proceedings, has been before this court in two prior appeals.2 In 1935 the state commenced condemnation...

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