Regents of the University of Minnesota v. Irwin

Frank T. Gallagher, Justice.

The opinion filed November 21, 1952, is hereby withdrawn, and the following opinion filed in lieu thereof.

Appeal from an order of the district court denying appellants’ motion for a new trial.

The material facts are briefly as follows: The regents of the University of Minnesota, referred to hereinafter as the regents, instituted condemnation proceedings to acquire certain real estate described in the pleadings. Appraisers were appointed, and an award of $23,500 was made to appellants, referred to hereinafter as the owners. The regents appealed from the award, and…