STATE v. CARTER

No. 44593.

221 N.W.2d 106 (1974)

STATE of Minnesota, By Warren SPANNAUS, Its Attorney General, Respondent, v. Elmer M. CARTER, et al., Appellants.

Supreme Court of Minnesota.

August 2, 1974.


Attorney(s) appearing for the Case

Erickson, Zierke, Kuderer, Utermarck & McKenna and Charles R. Zierke, Fairmont, for appellants.

Warren Spannaus, Atty. Gen., Eric B. Schultz, Deputy Atty. Gen., William A. Caldwell, Sp. Asst. Atty. Gen., St. Paul, for respodent.

Heard before MacLAUGHLIN, YETKA, and SCOTT, JJ., and considered and decided by the court.


YETKA, Justice.

This is an appeal from an order of the district court denying defendant landowners' motion for allowance of reasonable attorneys fees incurred during litigation of eminent domain proceedings which culminated in a jury award in excess of both the initial amount offered by the plaintiff condemnor and the amount awarded by the condemnation commissioners. We affirm.

The issue is clearly drawn. Does the Fifth Amendment of the United States Constitution...

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