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WARREN v. IOWA STATE HIGHWAY COMMISSION

No. 49577.

93 N.W.2d 60 (1958)

Leila WARREN, Plaintiff-Appellee, v. IOWA STATE HIGHWAY COMMISSION, Chris Larsen, Jr., Cecil Malone, Robert K. Beck, Robert L. Brice and Russell F. Lundy, John G. Butter and L. M. Clauson, Defendants-Appellants.

Supreme Court of Iowa.

Rehearing Denied January 16, 1959.

Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., C. J. Lyman, Special Asst. Atty. Gen., Daniel T. Flores, Trial Counsel for Iowa State Highway Commission, Ames; and John L. McKinney, Gen. Counsel for Iowa State Highway Commission, Ames, for appellants.

Killmar & Reynoldson, Osceola, for appellee.

THOMPSON, Justice.

The defendants, the Iowa State Highway Commission and its members and certain of its officers, are engaged in building National Interstate and Defense Highway No. 35 in a general north and south direction across Clarke County. The right of way of this highway is 300 feet wide. It crosses an east and west secondary road which runs between Sections 13 and 24, in Township 72 N., Ranges 26 West of the Fifth Principal Meridian, which the defendants propose...

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