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CITY OF FARGO v. CASS COUNTY

Civ. No. 9655.

286 N.W.2d 494 (1979)

CITY OF FARGO, a municipal corporation, Plaintiff and Appellee, v. CASS COUNTY, a body corporate, Duane E. Hoehn, its Auditor, and Maxine M. Liversage, its Treasurer, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied January 10, 1980.

Attorney(s) appearing for the Case

Solberg, Stewart & Boulger, Fargo, for plaintiff and appellee; argued by Ward D. Briggs, Fargo.

Ohnstad, Twichell, Breitling, Arntson & Hagen, West Fargo, for defendants and appellants; argued by Duane R. Breitling, West Fargo.

SAND, Justice.

The City of Fargo sought and obtained a writ of mandamus from the district court commanding Cass County to pay to the city auditor of Fargo all the moneys in the bridge fund in the treasury of Cass County, or which may come in to the bridge fund, which may have been or which shall be levied, assessed and collected from persons and property, or either, within the city of Fargo until such time as the city of Fargo's share of the costs of the bridges which...

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