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STATE HIGHWAY COMMISSION v. FORTUNE

No. 9683.

91 N.W.2d 675 (1958)

The STATE HIGHWAY COMMISSION of the State of South Dakota, on behalf of and in the name of the State of South Dakota, Plaintiff and Appellant, v. R. A. FORTUNE and the Atlantic Refining Company, Defendants and Respondents. The STATE HIGHWAY COMMISSION of the State of South Dakota, on behalf of and in the name of the State of South Dakota, Plaintiff and Appellant, v. Howard FORTUNE, J. B. Ferguson, Gaylord H. Chezum and the Atlantic Refining Company, Defendants and Respondents.

Supreme Court of South Dakota.

July 29, 1958.

Attorney(s) appearing for the Case

Gunderson, Farrar & Carrell, Rapid City, Phil Saunders, Atty. Gen., Walter Mueller and William H. Coacher, Asst. Atty. Gen., for plaintiff and appellant.

Bangs, McCullen & Butler, H. F. Fellows, Rapid City, for defendants and respondents R. A. Fortune and Howard Fortune.

BURNS, Circuit Judge.

The State Highway Commission of the State of South Dakota on behalf of and in the name of the State of South Dakota, as plaintiff, brought two separate actions in the exercise of its power of eminent domain to condemn lands in Pennington County for highway purposes for construction of an inter-state highway as a part of the Federal Interstate Highway System. In the one action the named defendants are...

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