LUKEN v. CITY OF COLMAN, 65 S.D. 585 (1937)

276 N.W. 727

LUKEN, et al, Respondents, v. CITY OF COLMAN, Appellant.

File No. 8034.Supreme Court of South Dakota.
Opinion filed December 24, 1937.

Appeal from Circuit Court, Moody County; HON. JOHN T. MEDIN, Judge.

Rice Rice, of Flandreau, and Dougherty Flood, of Sioux Falls, for Appellant.

Loren G. Atherton, of Flandreau, for Respondents.

PER CURIAM.

This is an appeal from a judgment granting a petition for exclusion of certain agricultural lands from the corporate limits of Colman, S.D., and from an order of the court overruling the motion for a new trial.

That which we have said in the case of John Fuhr and Lizzie Fuhr v. City of Colman, 65 S.D. 584, 276 N.W. 727, in the opinion handed down at this term, is equally applicable in the case at bar.

The judgment and order of the trial court are hereby affirmed.

All the Judges concur.

Page 586

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