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HOSTERT v. IOWA STATE HIGHWAY COMMISSION

No. 49524.

93 N.W.2d 773 (1958)

Fay C. HOSTERT, John E. Hostert and Adele Hostert, Appellees, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

December 16, 1958.

Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen., C. J. Lyman, Special Asst. Atty. Gen., James E. Thomson, Gen. Counsel for Iowa State Highway Commission, Iowa City, John C. Oberhausen, Dubuque, Counsel for Iowa State Highway Commission, for appellant.

O'Connor, Thomas, McDermott & Wright, Dubuque, for appellees.

OLIVER, Justice.

Defendant Iowa State Highway Commission condemned, for highway purposes, a strip of land, 8.84 acres in area, across plaintiffs' two hundred acre dairy farm in Dubuque County. Plaintiff landowners appealed to District Court from the appraisement of damages returned by the condemnation commissioners. Trial resulted in an allowance of damages in the amount of $19,103 and judgment against defendant for costs. Defendant has appealed.

I. Appellant...

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