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STATE HIGHWAY COM. v. ARNOLD

218 Or. 43 (1959)

341 P.2d 1089

343 P.2d 1113

STATE HIGHWAY COMMISSION v. ARNOLD ET AL

Supreme Court of Oregon.

Reversed and remanded July 1, 1959.

Petition for rehearing denied but opinion modified September 16, 1959.

Attorney(s) appearing for the Case

John C. McLean, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, C.W. Enfield, Assistant Attorney General and Leonard I. Lindas, Assistant Attorney General, Salem.

Francis F. Yunker, Portland, argued the cause and filed a brief for respondents.

Robert Y. Thornton, Attorney General, and L.I. Lindas and Charles Peterson, Assistant Attorneys General, Salem, Oregon, for the petition.

Before McALLISTER, Chief Justice, and PERRY, SLOAN and O'CONNELL, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

The plaintiff brought an action to acquire by condemnation the defendants' interest in 21.52 acres of land located in Klamath County. From a verdict and judgment for $13,250 the plaintiff appeals.

The defendants' interest in the property involved consisted of a leasehold interest in the surface and the mineral rights. The plaintiff had previously acquired the fee subject to the foregoing interests.

The property...

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