STATE v. CASEY

No. 38,426.

263 Minn. 47 (1962)

115 N.W. (2d) 749

STATE, BY MILES LORD, ATTORNEY GENERAL, AND HIS SUCCESSOR, WALTER F. MONDALE, v. THOMAS J. CASEY AND OTHERS. MAPCO SAND & GRAVEL COMPANY, RESPONDENT.

Supreme Court of Minnesota.

June 8, 1962.


Attorney(s) appearing for the Case

Walter F. Mondale, Attorney General, Rolf O. Slen, Deputy Attorney General, and Russell F. Sorenson, Special Assistant Attorney General, for appellant.

Meagher, Geer, Markham & Anderson, Mary Jeanne Coyne, and O.C. Adamson II, for respondent.


FRANK T. GALLAGHER, JUSTICE.

Appeal from an order of the district court which denied the motion of the appellant, State of Minnesota, for a new trial.

This case involves the condemnation for highway purposes of a strip of land owned by respondent Mapco Sand & Gravel Company. Prior to this action Mapco was the fee owner of 75.58 acres of land running along Xerxes Avenue in Edina and Bloomington. The tract was divided by West 78th Street (Highway No. 100...

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