TOWN OF NEWCASTLE v. TOOMEY

No. 2833.

78 Wyo. 432 (1958)

329 P.2d 264

Town of the City of Newcastle and State Highway Commission of Wyoming, Appellants (Plaintiffs below) vs. E.H. Toomey, Toomey's Mills, Inc., Charles F. Martens and May O. Martens, Appellees (Defendants below).

Supreme Court of Wyoming.

August 26, 1958.


Attorney(s) appearing for the Case

For the appellants the cause was submitted upon the brief of Thomas O. Miller, Attorney General, Robbert L. Duncan, Special Assistant Attorney General, both of Cheyenne, Wyoming, and Thomas L. Whitley of Newcastle, Wyoming, and oral argument by Mr. Duncan.

For the appellees the cause was submitted upon the brief and also oral argument of Edward S. Halsey of Newcastle, Wyoming.

Heard before Blume, C.J., and Harnsberger and Parker, JJ.


OPINION

Mr. Chief Justice BLUME delivered the opinion of the court.

In this action the Town of the City of Newcastle (hereafter called the town or Town of Newcastle) and the State Highway Commission of Wyoming seek to recover from the defendants for a right of way a strip of land 80 feet in width extending from east to west along the lands claimed by E.H. Toomey and Toomey's Mills, Inc. (herein called the Toomey land), and along the lands claimed by Charles...

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