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STATE v. HELM

No. 6692.

86 Ariz. 275 (1959)

345 P.2d 202

STATE of Arizona ex rel. Robert MORRISON, Attorney General, Appellant, v. Jack T. HELM, Norbert J. Abel, Karl F. Abel and L.C. Wilkerson, co-partners, doing business as Transportation Services, Inc., Appellees.

Supreme Court of Arizona.

Rehearing Denied November 24, 1959.

Attorney(s) appearing for the Case

Wade Church, Atty. Gen., and Charles L. Hardy, Asst. Atty. Gen., for appellant.

Jennings, Strouss, Salmon & Trask and William T. Birmingham, for appellees.

STANFORD, Superior Court Judge.

This is a condemnation proceeding instituted by the State for the purpose of acquiring a portion of the property of the defendants needed in the process of widening and reconstructing the existing Phoenix-Cordes Junction Highway.

On November 4, 1957, the trial court awarded defendants Elton C. McJunkin and Marjorie P. McJunkin, the owners of the fee, a judgment against the State for the sum of $33,000 as damages for the taking...

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