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SOO LINE RAILROAD COMPANY v. CITY OF WILTON

Civ. No. 8547.

172 N.W.2d 74 (1969)

SOO LINE RAILROAD COMPANY, Plaintiff and Respondent, v. CITY OF WILTON, and Otto Vetter as Auditor of McLean County, North Dakota, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied November 26, 1969.

Attorney(s) appearing for the Case

Zuger, Bucklin, Kelsch & Zuger, Bismarck, for defendants and appellants.

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for plaintiff and respondent.

PAULSON, Judge.

This is an appeal from a judgment entered for the Soo Line Railroad Company (hereinafter Railroad) by the District Court of McLean County, Clifford Jansonius, J., presiding. The City of Wilton (hereinafter City) has demanded a trial de novo in this court, pursuant to § 28-27-32 of the North Dakota Century Code.

The facts are as follows: The governing body of the City of Wilton determined that a number of its streets should be paved and...

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