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GECK v. WENTZ

No. 8181.

133 N.W.2d 849 (1965)

Phillip GECK, Appellant, v. A. W. WENTZ, Highway Commissioner in and for the State of North Dakota, Roy O. Young, Chairman of the Board of County Commissioners of Morton County, a Public Corporation, Respondents.

Supreme Court of North Dakota.

Rehearing Denied April 3, 1965.

Attorney(s) appearing for the Case

Higgins & Christensen, Bismarck, for appellant.

Helgi Johanneson, Atty. Gen., Myron E. Bothun, Sp. Asst. Atty. Gen., Bismarck, H. G. Ruemmele, Sp. Asst. Atty. Gen., Grand Forks, for respondents.

GEFREH, District Judge.

This appeal arises out of an action in eminent domain which was commenced under the procedures provided for under Section 14 of the North Dakota Constitution. Appellant appealed an award made by the State Highway Department for the taking of five separate tracts of land totalling 40.02 acres used in the construction of Interstate Highway Number 94 in Morton County, North Dakota, and pursuant to such appeal the action was tried to a jury in...

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