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CITY OF FARGO, CASS COUNTY v. STATE

Civ. No. 9356.

260 N.W.2d 333 (1977)

CITY OF FARGO, CASS COUNTY, North Dakota, a Municipal Corporation, Plaintiff and Appellant, v. STATE of North Dakota and North Dakota State University of Agriculture and Applied Science, Defendants and Appellees.

Supreme Court of North Dakota.

As Modified on Denial of Rehearing December 2, 1977.

Attorney(s) appearing for the Case

Solberg, Stewart & Boulger, Fargo, for plaintiff and appellant; argued by Wayne O. Solberg, Fargo.

Richard B. Crockett, Special Asst. Atty. Gen., Fargo, for defendants and appellees.

SAND, Justice.

The City of Fargo appealed from a judgment rendered by the district court of Cass County in favor of the State of North Dakota and the North Dakota State University of Agriculture and Applied Science (hereinafter NDSU).

The subject of dispute involves unpaid special assessments.

The City of Fargo undertook the construction of a grade separation at the intersection of Second Street and the Burlington Northern Railroad tracks near the...

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