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FRANK v. COUNTY OF MERCER

Civ. No. 8685.

186 N.W.2d 439 (1971)

Emil FRANK and Elizabeth Frank, Plaintiffs and Respondents, v. COUNTY OF MERCER, North Dakota, a public corporation, State of North Dakota, acting by and through its North Dakota State Highway Department, Walter Hjelle, State Highway Commissioner, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied May 13, 1971.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., Bismarck; Vernon R. Pederson, Special Asst. Atty. Gen., Bismarck; and J. C. Blaisdell, Mercer County State's Atty., Hazen, for defendants and appellants.

James R. Jungroth, Jamestown, and Harvey J. Miller, Dickinson, for plaintiffs and respondents.

PAULSON, Judge.

This appeal is taken by the County of Mercer, North Dakota, a public corporation, and the State of North Dakota, acting by and through its North Dakota State Highway Department, Walter Hjelle, State Highway Commissioner [hereinafter State of North Dakota] from a judgment dated February 11, 1970, awarding Emil and Elizabeth Frank damages as the result of the flooding of the Frank farmstead on June 24, 1966. Trial de novo was demanded. The undisputed...

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