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STATE HIGHWAY COM'N v. DEAL ET AL.

191 Or. 661 (1951)

233 P.2d 242

STATE HIGHWAY COMMISSION v. DEAL ET AL.

Supreme Court of Oregon.

Reversed and remanded June 27, 1951.

Attorney(s) appearing for the Case

Samuel A. Hall, Assistant Attorney General, of Salem, argued the cause for appellant. With him on the brief were George Neuner, Attorney General; J.M. Devers, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission; C.W. Enfield, Assistant Attorney General; and Robert L. May, Jr., all of Salem.

Allan Hart and Gerald J. Meindl, of Portland, argued the cause for respondents. With them on the brief were Pendergrass, Spackman & Bullivant, of Portland.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE and TOOZE, Justices.

REVERSED AND REMANDED.

LUSK, J.

The plaintiff, State of Oregon, through its State Highway Commission, has appealed from a judgment based on the verdict of a jury in a condemnation action.

The lands involved were taken by the state on March 23, 1946, to form a part of a relocated section of the Oregon Coast Highway in Lincoln County about midway between the cities of Newport and Depoe Bay and a few miles north of Agate Beach. There are three tracts...

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