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STATE OF OREGON v. CERRUTI ET AL.

188 Or. 103 (1950)

214 P.2d 346

STATE OF OREGON v. CERRUTI ET AL.

Supreme Court of Oregon.

Reversed and remanded January 31, 1950.

Attorney(s) appearing for the Case

Samuel A. Hall, Assistant Counsel for the State Highway Commission, of Salem, argued the cause for Appellant. On the brief were George Neuner, Attorney General; J.M. Devers, Assistant Attorney General and Chief Counsel for the State Highway Commission; G.W. Neuner and C.W. Enfield, Assistant Counsels for the State Highway Commission, all of Salem.

Charles R. Harvey argued the cause for Respondents. On the brief were Harvey & Harvey, of Portland.

Before LUSK, Chief Justice, and BRAND, ROSSMAN, BAILEY, HAY and PAGE, Justices.

JUDGMENT REVERSED AND CAUSE REMANDED.

LUSK, C.J.

The state of Oregon, through its State Highway Commission, commenced this proceeding in eminent domain for the purpose of acquiring 2.47 acres of agricultural land (being a portion of a larger tract comprising about forty-four acres) owned by the defendants, M.A. and Rose M. Cerruti, and against which the defendants, Joseph J. and Mabel F. Fisher, hold a mortgage. The...

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