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JAMESTOWN PLUMBING & HEAT. CO. v. CITY OF JAMESTOWN

No. 8451.

164 N.W.2d 355 (1968)

JAMESTOWN PLUMBING & HEATING COMPANY, Plaintiff and Appellant, v. CITY OF JAMESTOWN, North Dakota, a municipal corporation, and the State of North Dakota, and Walter R. Hjelle, State Highway Commissioner of North Dakota, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearings Denied February 10, 1969.

Attorney(s) appearing for the Case

Floyd B. Sperry, Bismarck, and MacKenzie & Jungroth, Jamestown, for appellant.

Kenneth M. Moran, Jamestown, for respondent, City of Jamestown.

Jon R. Kerian, Asst. Atty. Gen., Bismarck, for respondent, Walter R. Hjelle, State Highway Com'r.

KNUDSON, Judge.

The North Dakota State Highway Department joined with the City of Jamestown in a project for the improvement of Tenth Street S.E. for the distance from the James River bridge eastward to Twelfth Avenue S.E., in the year 1960. The plaintiff owns Lots 5 and 6 fronting on Tenth Street S.E., and, adjacent to the rear of Lots 5 and 6, Lots 7, 8 and 9 fronting on Second Avenue S.E. The plaintiff's store building is on Lot 6, on the corner of Tenth Street...

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