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OTTER TAIL POWER CO. v. DEMCHUK

Civ. Nos. 10054, 10054A, 10055, 10055A, 10056, 10056A.

314 N.W.2d 298 (1982)

OTTER TAIL POWER COMPANY, a corporation, Plaintiff and Appellee, v. Arnie DEMCHUK and Joyce Demchuk, Defendants and Appellants. OTTER TAIL POWER COMPANY, a corporation, Plaintiff and Appellee, v. Myron Lee NORDLIE and Karen Nordlie, Defendants and Appellants. OTTER TAIL POWER COMPANY, a corporation, Plaintiff and Appellee, v. Walter M. ORTMAN and Lois E. Ortman, Herbert M. Ortman and Ethel M. Ortman, Frieda H. Ortman, Milbert A. Ortman and Laura L. Ortman, and Lucille Ortman, Defendants and Appellants.

Supreme Court of North Dakota.

January 13, 1982.

Attorney(s) appearing for the Case

Thomas S. Donoho, Fergus Falls, Minn., and Pearce, Anderson & Durick, Bismarck, for plaintiff and appellee; argued by William P. Pearce, Bismarck.

Vogel Law Firm, Mandan, for defendants and appellants; argued by Jos. A. Vogel, Jr., Mandan.

PEDERSON, Justice.

The two appeals which we have consolidated raise eminent domain questions which are unsettled in this state. If we are to reach those questions, it is necessary to bypass a procedural jungle which results from the consolidation in the trial court of three apparently representative cases from hundreds of cases filed, or to be filed, in three different counties. The two separate appeals are from two separate interlocutory orders which did not include...

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