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YEGEN v. CITY OF BISMARCK

Civ. No. 9714.

291 N.W.2d 422 (1980)

Margaret YEGEN, Plaintiff and Appellant, v. The CITY OF BISMARCK and Walter R. Hjelle, State Highway Commissioner for the State of North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied April 21, 1980.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for plaintiff and appellant; argued by James D. Geyer, Dickinson.

John A. Zuger, City Atty., Bismarck, for defendant and appellee City of Bismarck; argued by Mr. Zuger.

Robert E. Lane, Sp. Asst. Atty. Gen., State Highway Dept., Bismarck for defendant and appellee State Highway Com'r; argued by Mr. Lane.

ERICKSTAD, Chief Justice.

This is an appeal from a summary judgment granted in favor of the defendants. We affirm.

The plaintiff, Margaret Yegen, has owned and operated a grocery store located at 810 East Main Avenue in Bismarck, North Dakota, for over fifty years. In 1976, the defendants, the City of Bismarck and the North Dakota State Highway Department [hereinafter referred to as the City], began a project to reconstruct and improve 7th and 9th Streets...

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