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OAKES MUNICIPAL AIRPORT AUTH. v. WIESE

Civ. No. 9429.

265 N.W.2d 697 (1978)

OAKES MUNICIPAL AIRPORT AUTHORITY, a public body corporate, Plaintiff-Appellant, v. Raymond WIESE, Defendant-Appellee.

Supreme Court of North Dakota.

Rehearing Denied May 12, 1978.

Attorney(s) appearing for the Case

Bosard, McCutcheon, Kerian, Schmidt & Holum, Ltd., Minot, for plaintiff and appellant; argued by Jon R. Kerian, Minot.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendant and appellee; argued by Kermit Edward Bye, Fargo.

PAULSON, Justice.

This is an appeal by the Oakes Municipal Airport Authority [hereinafter Oakes] from the judgment of the Dickey County District Court entered on December 13, 1977, dismissing with prejudice Oakes' condemnation action against Raymond Wiese. The judgment of dismissal was based upon the district court's determination that the issues involved in the action had been determined in a prior condemnation action commenced by Oakes against Wiese and that the...

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