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WILSON v. CITY OF FARGO

No. 8242.

141 N.W.2d 727 (1965)

John M. WILSON and Margaret T. Wilson, Plaintiffs, Respondents, and Cross-Appellants, v. The CITY OF FARGO, Defendant and Cross-Respondent, and Schultz & Lindsay Construction Company, a Corporation, Sornsin Construction Co., a Corporation, William Collins & Sons, Inc., a Corporation, and Tennefos Construction Co., Inc., a Corporation, Defendants and Appellants.

Supreme Court of North Dakota.

On Rehearing April 19, 1966.

Attorney(s) appearing for the Case

Lanier, Knox & Shermoen, Fargo, for plaintiffs and cross-appellants.

Conmy, Conmy & Feste, Fargo, for defendant and cross-respondent City of Fargo.

Wattam, Vogel, Vogel, Bright & Peterson, Fargo, for defendants and appellants Schultz & Lindsay Const. Co., Sornsin Const. Co., William Collins & Sons, Inc., and Tennefos Const. Co., Inc.

STRUTZ, Judge.

This is an action brought by the plaintiffs against the City of Fargo, a municipal corporation, and against four construction companies for alleged damages to the plaintiffs' property arising out of the building of a dike along the Red River to protect property owners along the river from annual flooding. Land necessary for the construction of such dike was acquired and paid for by the City. The Federal Government paid for construction of the dike,...

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