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SQUARE BUTTE ELEC. COOP. v. HILKEN

Civ. No. 9194.

244 N.W.2d 519 (1976)

SQUARE BUTTE ELECTRIC COOPERATIVE, Plaintiff and Appellant, v. E. Gene HILKEN, Defendant and Appellee, and eight companion cases.

Supreme Court of North Dakota.

Rehearing Denied July 21, 1976.

Attorney(s) appearing for the Case

Vogel, Vogel, Brantner & Kelly, Fargo, and Johnson, Johnson & Devine, Lakota, for plaintiff and appellant; argued by John D. Kelly, Fargo.

Christensen & Baer, Bismarck, and Jos. A. Vogel, Jr., Mandan, for E. Gene Hilken, Donald T. Bender and Judy A. Bender, Robert J. Dohn and Mary Dohn, Clarence W. Small and Ellen C. Small, Edmund Spitzer and Margaret Spitzer, defendants and appellees; and Jos. A. Vogel, Jr., Mandan, for Ernest Lang, defendant and appellee; appearances by Carma A. Christensen, Bismarck and Jos. A. Vogel, Jr., Mandan; argued by Jos. A. Vogel, Jr., Mandan.

Alfred C. Schultz, Bismarck, for Lawrence Sorch and Gail Sorch, and John Sorch, defendants and appellees.

Dr. and Mrs. Douglas A. Miller, pro se. Mr. and Mrs. Frank Murray, not represented by counsel.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment entered in Burleigh County District Court on September 18, 1975, which denied to Square Butte Electric Cooperative the power of eminent domain for failure to establish a public use.

In Square Butte Electric Cooperative v. Dohn, 219 N.W.2d 877 (N.D.1974), we held that Square Butte was required in its application for a permit to enter upon private property...

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