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STATE OF CALIFORNIA v. WESTOVER CO.

Docket No. 8760.

140 Cal.App.2d 447 (1956)

295 P.2d 96

THE STATE OF CALIFORNIA, ex rel. STATE PUBLIC WORKS BOARD, Appellant, v. WESTOVER COMPANY (a Corporation) et al., Respondents.

Court of Appeals of California, Third District.

April 2, 1956.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, Thomas W. Martin, Chief Assistant Attorney General, Walter S. Rountree, Assistant Attorney General, and Raymond H. Williamson, Deputy Attorney General, for Appellant.

Harold W. Kennedy, County Counsel (Los Angeles), Baldo M. Kristovich, Deputy County Counsel, Ray T. Sullivan, Jr., County Counsel (Riverside), Leo A. Deegan, Deputy County Counsel, Jean F. DuPaul, City Attorney (San Diego), James Don Keller, District Attorney (San Diego), Robert G. Berrey, Deputy District Attorney, Robert E. Reed, Harry S. Fenton and Emerson W. Rhyner as Amici Curiae on behalf of Appellant.

C. Ray Robinson, D. Oliver Germino and William B. Boone for Respondents.

VAN DYKE, P.J.

This is an appeal from an order of the trial court denying a motion to tax costs and awarding to respondents $150,000 for attorneys' fees and $2,000 for the services of four expert witnesses in a condemnation action which the appellant state abandoned after the trial court sitting without a jury had assessed damages for the proposed taking in the amount of $1,516,312.25. Upon the filing of notice of abandonment pursuant to the code the defendants in...

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