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OELKE v. COUNTY OF FARIBAULT

No. 38,136.

260 Minn. 361 (1961)

110 N.W. (2d) 145

WALTER OELKE v. COUNTY OF FARIBAULT.

Supreme Court of Minnesota.

June 30, 1961.

Attorney(s) appearing for the Case

Putnam, Spencer & Willette and Seifert, Johnson & Hand, for appellant.

Frundt & Hibbs, for respondent.

MURPHY, JUSTICE.

This is an appeal from an order of the district court affirming an order of the Board of County Commissioners of Faribault County establishing County Ditch No. 80. The appellant, Walter Oelke, is a property owner affected by the establishment of the ditch. The appeal to the district court was taken pursuant to Minn. St. 106.631, subd. 4, which provides in part:

"* * * The court shall examine the whole matter and receive evidence to determine...

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