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McLAIN v. MIDWAY TOWNSHIP

Civ. No. 10144.

326 N.W.2d 196 (1982)

Bernard A. McLAIN and Kathryn A. McLain, Plaintiffs and Appellees, v. MIDWAY TOWNSHIP, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

November 15, 1982.

Attorney(s) appearing for the Case

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for plaintiffs and appellees; argued by Irvin B. Nodland, Bismark.

Mackenzie, Jungroth, Mackenzie & Reisnour, Jamestown, for defendant and appellant; argued by James A. Reisnour, Jamestown.

ERICKSTAD, Chief Justice.

This is an appeal by Midway Township from a judgment of the District Court of Stutsman County, dated December 7, 1981, by which the court awarded the plaintiffs, Bernard and Kathryn McLain, damages, together with costs and disbursements, against Midway Township, in the total amount of $15,456.25. We reverse.

The McLains own, jointly with other persons, a section of land in Midway Township. During 1979, the McLain's children purchased...

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