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IN RE COUNTY DITCH NO. 1-A, YELLOW MEDICINE COUNTY

No. 35,283.

233 Minn. 12 (1951)

IN RE COUNTY DITCH NO. 1-A, YELLOW MEDICINE COUNTY. F.A. SCHROEDER AND OTHERS v. W.C. BUSACK AND OTHERS.

Supreme Court of Minnesota.

January 19, 1951.

Attorney(s) appearing for the Case

O.A. Lende, L.P. Johnson, and Robert E. Debel, for appellants.

L.J. Lauerman and G.P. Smith, for respondents.

Julian E. Morten filed a statement as amicus curiae in behalf of the contention of appellants.

THOMAS GALLAGHER, JUSTICE.

Petitioners seek establishment of county ditch No. 1-A in Yellow Medicine county, and they appeal from an order of the district court, made on appeal from an order of the board of county commissioners establishing such ditch, which dismissed all proceedings for such purpose.

Two petitions dated April 19, 1944, sought the establishment of a ditch approximately nine miles in length entirely within the county. Subsequently, an engineer...

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