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BASIN ELEC. POWER COOP. v. GOSCH

No. 11566.

240 N.W.2d 96 (1976)

BASIN ELECTRIC POWER COOPERATIVE, a corporation, Plaintiff and Appellant, v. Frank GOSCH, Jr., et al., Defendants and Respondents.

Supreme Court of South Dakota.

Decided March 25, 1976.

Attorney(s) appearing for the Case

John F. Murphy, of Donley & Murphy, Elk Point, for plaintiff and appellant.

Kennith L. Gosch, of Bantz & Gosch, Aberdeen, for defendants and respondents.

CHEEVER, Circuit Judge.

This is an appeal from an order of the trial court granting a new trial to defendant landowners. The plaintiff herein contends that the trial court abused its discretion in granting the order for a new trial. We affirm the trial court.

Basin Electric Power Cooperative, a corporation, plaintiff and appellant, commenced this proceeding to condemn under its power of eminent domain certain lands belonging to defendants for the purpose of...

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