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STATE v. McGILL

No. 8549.

321 P.2d 595 (1958)

The STATE of Idaho, on relation of Roscoe C. RICH, Leonard K. Floan and David P. Jones, Idaho Board of Highway Directors, Plaintiffs-Respondents, v. Earl McGILL and Barbara M. McGill, husband and wife, and F. A. Williams, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied February 28, 1958.

Attorney(s) appearing for the Case

Dale Clemons, Robert W. Green, Boise, for appellants.

Graydon W. Smith, Atty. Gen., Wm. R. Padgett, Asst. Atty. Gen., for respondents.

McQUADE, Justice.

Upon the failure of the parties hereto to agree as to damages for the taking of land by the State of Idaho for a State highway project, an action was commenced to condemn the property and to determine the amount of damages due appellants. To the complaint, appellants filed an answer admitting all respondents' allegations excepting one paragraph of the complaint which for all ostensible purposes set up the good faith of the condemner and that it was...

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