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WYCO PIPE LINE COMPANY v. HASSELSTROM

No. 10221.

137 N.W.2d 584 (1965)

WYCO PIPE LINE COMPANY, a corporation, Plaintiff and Appellant, v. John HASSELSTROM, Mildred Hasselstrom, Defendants and Respondents, and Federal Land Bank of Omaha, a corporation, Custer County, South Dakota, a public corporation, Defendants.

Supreme Court of South Dakota.

October 27, 1965.

Attorney(s) appearing for the Case

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiff and appellant.

Bangs, McCullen, Butler & Foye, Rapid City, for defendants and respondents.

HANSON, Judge.

The Wyco Pipe Line Company seeks to acquire by condemnation an easement four rods wide for the construction, operation and maintenance of an oil and gas pipe line across land in Custer County owned by defendants, John and Mildred Hasselstrom. The trial court dismissed plaintiff's amended petition for the reason it failed to state a claim upon which relief can be granted in that plaintiff has no delegated power of eminent domain with reference to the...

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