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NORTHWESTERN BELL TELEPHONE COMPANY v. WENTZ

No. 7856.

103 N.W.2d 245 (1960)

NORTHWESTERN BELL TELEPHONE COMPANY, an Iowa corporation. Plaintiff and Respondent, v. A. W. WENTZ, State Highway Commissioner, State of North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

On Rehearing May 26, 1960.

Attorney(s) appearing for the Case

Cox, Pearce & Engebretson, Bismarck, for plaintiff and respondent.

Leslie R. Burgum, Atty. Gen., and Francis Breidenbach, Asst. Atty. Gen., for defendant and appellant.

TEIGEN, Judge.

This is a declaratory judgment action brought by the respondent (plaintiff), Northwestern Bell Telephone Company, an Iowa corporation, against the appellant (defendant), A. W. Wentz, as Highway Commissioner for the State of North Dakota, to determine the constitutionality of the relocation of utility facilities law, being Chapter 195 of the Session Laws of 1957 (Section 24-0141 of the 1957 Supplement to the NDRC of 1943), providing that utilities shall...

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