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STATE, BY HEAD v. HENDRICKSON

No. 42970.

194 N.W.2d 571 (1972)

STATE of Minnesota, by Douglas M. HEAD, its Attorney General, Appellant, v. Ronald HENDRICKSON, et al., and Myrtle Hojberg, et al., Respondents-below, Earl S. Thompson and Beverly Thompson, owners, Respondents.

Supreme Court of Minnesota.

February 11, 1972.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., Russell B. Swanson, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Tuveson & Goldman, Albert Lea, for respondents.

Heard before KNUTSON, C. J., and OTIS, KELLY, and HACHEY, JJ.

OPINION

RONALD E. HACHEY, Justice.*

Appeal by the state from an order denying its motion for a new trial. On appeal to the trial court from the commissioners' award following condemnation of a portion of respondents' land for highway purposes, the state attempted to set off against the condemnation award the value of alleged special benefits to the land remaining after the taking....

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