No. 8821.

351 P.2d 230 (1960)

STATE of Idaho on relation of Roscoe C. RICH, Leonard K. Floan and Wallace C. Burns, Idaho Board of Highway Directors, Plaintiff-Appellant, v. Virgil SWEET and Julia Sweet, his wife, and Rodney E. McCullough and Norman Sitz, Defendants-Respondents.

Supreme Court of Idaho.

Rehearing Denied May 6, 1960.

Attorney(s) appearing for the Case

Anton Hohler, Asst. Atty. Gen., Wm. R. Padgett, Chief Legal Counsel, Idaho Dept. of Highways, Boise, for appellant.

Donart & Donart, Weiser, for respondents.

McFADDEN, Justice.

Appellant instituted this action to condemn certain land and improvements of the respondents for highway purposes. The land involved is a portion of the premises being purchased by respondents McCullough and Sitz from respondents Sweet and wife, and used by the purchasers in their operation of a livestock sales yard referred to as Weiser Sales Yard. There is approximately 5 acres in the Sales Yard, of which the land condemned amounts to approximately...

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