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KELMAR CORP. v. DISTRICT COURT OF FOURTH JUDICIAL DISTRICT

No. 39468.

130 N.W.2d 228 (1964)

The KELMAR CORPORATION, Relator, v. DISTRICT COURT OF FOURTH JUDICIAL DISTRICT, HENNEPIN COUNTY, and Honorable Luther Sletten, Judge, Respondent.

Supreme Court of Minnesota.

August 14, 1964.

Attorney(s) appearing for the Case

Bundlie, Kelley & Torrison, St. Paul, for relator.

Walter F. Mondale, Atty. Gen., Perry Voldness, Deputy Atty. Gen., William J. Young and Ward Gronfield, Sp. Asst. Attys. Gen., St. Paul, for respondent.

MURPHY, Justice.

This is certiorari upon relation of The Kelmar Corporation to review an order of the district court granting the petition of the State of Minnesota for appointment of commissioners to appraise damages which may be occasioned by the taking of relator's property. It is the contention of relator that (1) the state is without authority in law to condemn the property; and (2) that in the event it is found there is a right of condemnation, there is no need...

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