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PERMANN v. KNIFE RIVER COAL MINING CO.

Civ. No. 8517.

180 N.W.2d 146 (1970)

George PERMANN, Plaintiff and Respondent, v. KNIFE RIVER COAL MINING CO., Defendant and Respondent, and The State of North Dakota, by and through its Board of University and School Lands, Defendant and Appellant.

Supreme Court of North Dakota.

September 24, 1970.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., John E. Adams, Asst. Atty. Gen. and Lynn E.

Erickson, Special Asst. Atty. Gen., Bismarck, for defendant and appellant State of North Dakota, by and through its Board of University and School Lands.

Floyd B. Sperry, Bismarck, and Harvey J. Miller, Dickinson, for plaintiff and respondent, George Permann.

Pearce, Engebretson, Anderson & Schmidt, Bismarck, for defendant and respondent, Knife River Coal Mining Co.

KNUDSON, Judge.

Permann brought this action to restrain the Knife River Coal Mining Co. (hereinafter designated Knife River) from maintaining an electric transmission line upon the Northwest Quarter of Section 12, Township 143, Range 88, in Mercer County, North Dakota, on the ground that the original easement holder, the Oliver-Mercer Electric Cooperative, had, on April 17, 1963, permanently discontinued the operation of the power line prior to the assignment by the...

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