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UNITED POWER ASS'N v. MUND

Civ. No. 9451.

267 N.W.2d 825 (1978)

UNITED POWER ASSOCIATION and Cooperative Power Association, Plaintiffs and Appellees, v. Douglas M. MUND and Mary Alice Mund, Defendants and Appellants, and Dickey Rural Telephone Mutual Aid Corporation, Town of Hall, Sargent County, Larry D. Moxness, Mary K. Moxness, Federal Land Bank of St. Paul, United States of America acting through the Farmers Home Administration, U. S. Department of Agriculture, Marvin W. Mund, L. Delores Mund, Defendants.

Supreme Court of North Dakota.

As Corrected July 12, 1978.

Attorney(s) appearing for the Case

Kief, Duranske & Fuller, Bemidji, Minn., for defendants and appellants; argued by George L. Duranske, Bemidji, Minn.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, Ryan & Ryan, Aitkin, Minn., and Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiffs and appellees; argued by John D. Kelly, Fargo.

PEDERSON, Justice.

Mary Alice Mund1 (hereinafter Mund) is the owner of farmlands which were condemned by the United Power Association and Cooperative Power Association (hereinafter UPA-CPA) for the purpose of constructing a high voltage, direct current transmission line. UPA-CPA instituted eminent domain proceedings in Sargent County against Mund. By her answer in that proceeding, Mund placed...

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