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ECK v. CITY OF BISMARCK

Civ. No. 9607-A.

302 N.W.2d 739 (1981)

Enola ECK, Plaintiff and Appellant, v. CITY OF BISMARCK, a Municipal Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

February 24, 1981.

Attorney(s) appearing for the Case

Sperry & Erickson and William S. Murray, Bismarck, for plaintiff and appellant; argued by Floyd B. Sperry and Alan C. Erickson, Bismarck.

Zuger & Bucklin, Bismarck, for defendant and appellee; argued by John A. Zuger, Sr., Bismarck.

ERICKSTAD, Chief Justice.

Prior to commencing the action in the instant case, the plaintiff, Enola Eck, brought an action for inverse condemnation against the City of Bismarck in the District Court of Burleigh County. Upon motion by the city, the district court dismissed Mrs. Eck's action for failure to state a claim upon which relief could be granted. Mrs. Eck appealed from the judgment of dismissal, and in Eck v. City of Bismarck, 283 N.W...

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