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STATE v. NELSON

No. 38,841.

267 Minn. 70 (1963)

125 N.W. (2d) 166

STATE, BY WALTER F. MONDALE, ATTORNEY GENERAL, v. WALLACE L. NELSON AND OTHERS. CENTRAL EMBERS, INC., APPELLANT.

Supreme Court of Minnesota.

December 6, 1963.

Attorney(s) appearing for the Case

Altman, Geraghty & Mulally and Kenneth M. Schadeck, for appellant.

Walter F. Mondale, Attorney General, Perry Voldness, Deputy Attorney General, and Ward P. Gronfield, Special Assistant Attorney General, for respondent.

OTIS, JUSTICE.

This is an appeal from an order denying attorneys' fees which appellant claims were due it under Minn. St. 117.16 following the dismissal of condemnation proceedings affecting property which appellant leased.

Appellant corporation rented these premises for a restaurant and drive-in for a term of 10 years. In the fall of 1960, condemnation proceedings were commenced by the State of Minnesota. The initial...

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