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HAVELUCK v. STATE, N.D. ST. HWY. DEPT.

Civ. No. 10304.

333 N.W.2d 425 (1983)

John HAVELUCK, a/k/a John Haverluck, Petitioner and Appellant, v. STATE of North Dakota, NORTH DAKOTA STATE HIGHWAY DEPARTMENT, Respondent and Appellee.

Supreme Court of North Dakota.

April 14, 1983.

Attorney(s) appearing for the Case

Orlin W. Backes of McGee, Hankla, Backes & Wheeler, Minot, for petitioner and appellant.

Robert E. Lane, Asst. Atty. Gen., North Dakota State Highway Dept., Bismarck, for respondent and appellee.

VANDE WALLE, Justice.

John Haveluck appealed from an order of the district court of McLean County dismissing Haveluck's appeal from a deposit by the North Dakota State Highway Department for the taking of property owned by Haveluck. We reverse and remand for further proceedings.

On April 7, 1981, John Haveluck, a resident of Max, North Dakota, received from the clerk of the district court of McLean County a document entitled "Notice to Property Owner, Owners...

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