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JAMESTOWN PLUMBING & HEATING CO. v. CITY OF JAMESTOWN

Civ. No. 8620.

189 N.W.2d 656 (1971)

JAMESTOWN PLUMBING & HEATING COMPANY, Plaintiff and Appellant, v. CITY OF JAMESTOWN, North Dakota, a Municipal Corporation, et al., Defendants and Respondents.

Supreme Court of North Dakota.

September 1, 1971.

Attorney(s) appearing for the Case

Floyd B. Sperry, Bismarck, and Mackenzie & Jungroth, Jamestown, for plaintiff and appellant.

Kenneth M. Moran, Jamestown, for defendant and respondent City of Jamestown.

Vernon R. Pederson and Myron Bothun, Asst. Attys. Gen., Bismarck, for defendants and respondents State of North Dakota and Walter R. Hjelle, State Highway Commissioner.

STRUTZ, Chief Justice, on reassignment.

This is the second time this case has been appealed to the Supreme Court. It is an inverse condemnation suit, in which the plaintiff seeks damages alleged to have been suffered because of certain street improvements made by the defendants. The facts are fully set forth in the opinion on the first appeal, and need not be repeated in detail here. Jamestown Plumbing & Heating Co. v. City of Jamestown, 164 N...

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