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STATE v. DICKINSON CHEESE COMPANY

Civ. No. 8833.

200 N.W.2d 59 (1972)

STATE of North Dakota, By Russell W. STUART, Commissioner of North Dakota State Game and Fish Department, Plaintiff and Appellant, v. DICKINSON CHEESE COMPANY, Inc., Defendant and Respondent. John GURTNER, Individually, Defendant, Third-Party Plaintiff and Respondent, v. CITY OF DICKINSON, a Municipal Corporation, Third-Party Defendant and Respondent.

Supreme Court of North Dakota.

July 27, 1972.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., and Albert A. Wolf, Special Asst. Atty. Gen., Bismarck, for plaintiff and appellant; Leonell W. Fraase, Bismarck, of counsel.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant and respondent Dickinson Cheese Company, Inc.

William R. Mills, Bismarck, for defendant, third-party plaintiff, and respondent John Gurtner.

Greenwood, Moench & Heth, Dickinson, for third-party defendant and respondent City of Dickinson.

STRUTZ, Chief Justice.

The State of North Dakota, by its State Game and Fish Commissioner, brought this action to recover damages for the value of fish killed as a result of pollution of the Heart River near Dickinson, in Stark County. The complaint alleges that the discharge of whey into the river by the defendant Dickinson Cheese Company caused the death of thousands of fish, totaling some 36,000 pounds, thereby damaging the environment in and around the river for...

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