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THE KELMAR CORP. v. DISTRICT COURT

No. 39,468.

269 Minn. 137 (1964)

130 N.W. (2d) 228

THE KELMAR CORPORATION v. DISTRICT COURT OF FOURTH JUDICIAL DISTRICT AND ANOTHER.

Supreme Court of Minnesota.

August 14, 1964.

Attorney(s) appearing for the Case

Bundlie, Kelley & Torrison, for relator.

Walter F. Mondale, Attorney General, Perry Voldness, Deputy Attorney General, and William J. Young, Special Assistant Attorney General, for respondents.

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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