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CITY OF ABERDEEN v. LUTGEN

No. 12895.

303 N.W.2d 372 (1981)

CITY OF ABERDEEN, a Municipal Corporation of the State of South Dakota, Plaintiff and Appellant, v. Charles H. K. LUTGEN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 18, 1981.

Attorney(s) appearing for the Case

Charles B. Kornmann of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for plaintiff and appellant.

Thomas M. Tobin of Maynes, Tonner, Maynes & Tobin, Aberdeen, for defendant and appellee.

MORGAN, Justice.

This case, a condemnation proceeding, has previously been before this court on appeal. Upon remand from this court to fix terms, the Fifth Judicial Circuit Court, Brown County, determined that appellant City of Aberdeen (city) owed appellee Charles H. K. Lutgen (Lutgen) terms in the amount of $9,318.95 for Lutgen's attorneys' fees and costs. City appeals from that determination. We affirm in part, reverse in part, and remand.

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