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INDEPENDENT SCHOOL DISTRICT NO. 709 v. CITY OF DULUTH

No. 41605.

177 N.W.2d 812 (1970)

INDEPENDENT SCHOOL DISTRICT NO. 709, ST. LOUIS COUNTY, Minnesota (substituted for The Board of Education of the City of Duluth, a. k. a. Special School District No. 3), Respondent, v. CITY OF DULUTH, Its employees and agents, Appellants.

Supreme Court of Minnesota.

May 22, 1970.

Attorney(s) appearing for the Case

Thomas E. Plante, City Atty., William P. Dinan, Asst. City Atty., Duluth, for appellants.

Robert A. Hughes, Duluth, for respondent.

Heard before KNUTSON, C. J., and NELSON, SHERAN, PETERSON, and JAMES F. MURPHY, JJ.

OPINION

JAMES F. MURPHY, Justice.*

This is an appeal from an order of the district court affirming a sewer assessment against a portion of the property assessed and holding the assessment invalid against another portion. The city of Duluth appeals from the order in so far as it invalidated the assessment and required the assessment to be spread again against the property receiving special benefit from the sewer construction....

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