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STATE BY SPANNAUS v. CARNEY

No. 81-66.

309 N.W.2d 775 (1981)

STATE of Minnesota, By Warren SPANNAUS, its Attorney General, petitioner, Respondent, v. B. J. CARNEY, et al., Defendants. STATE of Minnesota, petitioner, Respondent, v. HOWE, INC., Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 23, 1981.

Attorney(s) appearing for the Case

Russell, Russell & McLeod and James H. Russell, Golden Valley, for appellant.

Warren Spannaus, Atty. Gen. and Donald E. Notvik, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

OTIS, Justice.

This is an appeal from an order in a condemnation action denying the motion of respondent Howe, Inc. ("Howe") to grant interest from the date of the State's possession, April 17, 1972, to the date the trial court entered judgment, October 3, 1980, at a rate higher than that provided for by statute, and to adjust the condemnation verdict to reflect the change in the value of the dollar between 1972 and 1980. The trial court was of the opinion that it...

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