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RUTH v. DEPARTMENT OF HIGHWAYS

No. 19233.

359 P.2d 1033 (1961)

Joseph P. RUTH and the Ruth Company, Plaintiffs in Error, v. DEPARTMENT OF HIGHWAYS, State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

March 6, 1961.

Attorney(s) appearing for the Case

Cranston & Arthur, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Holloway, Chief Highway Counsel, Denver, for defendant in error.

DOYLE, Justice.

By this writ of error Joseph P. Ruth and the Ruth Company seek review of an award of $4,300 in a condemnation suit brought by the highway department of the State of Colorado. The Ruth Company is a corporation owned and controlled by Ruth; for convenience the plaintiffs in error will be referred to simply as Ruth.

The position of Ruth at the trial and before this Court is that the condemnation award...

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