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UNITED DEVELOPMENT CORP. v. STATE HIGHWAY DEPT.

No. 8141.

133 N.W.2d 439 (1965)

UNITED DEVELOPMENT CORPORATION, Plaintiff and Respondent, v. STATE HIGHWAY DEPARTMENT of the State of North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

On Rehearing March 11, 1965.

Attorney(s) appearing for the Case

McGee, Van Sickle & Hankla, Minot, and Higgins & Crum, Bismarck, for plaintiff and respondent.

Helgi Johanneson, Atty. Gen., and Jon R. Kerian and David L. Milhollan, Sp. Asst. Attys. Gen., Bismarck, for defendant and appellant.

STRUTZ, Judge.

This is an appeal by the State Highway Department from an award of costs in an eminent-domain proceeding. The main action, from which no appeal was taken, was tried before the court and jury. After verdict, a motion was made for entry of judgment and taxation of costs by United Development Corporation, the prevailing party. The court made its award of costs, and this appeal is from that part of the judgment awarding certain costs, attorney fees, and...

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