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STATE HIGHWAY COM. v. KROMWALL

226 Or. 235 (1961)

359 P.2d 907

STATE HIGHWAY COMMISSION v. KROMWALL

Supreme Court of Oregon.

Affirmed February 21, 1961.

Attorney(s) appearing for the Case

Leslie B. Hampton, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, Leonard I. Lindas and Charles Peterson, Assistant Attorneys General, Salem.

Myron Enfield, Salem, argued the cause for respondent. On the brief were Rhoten, Rhoten & Speerstra, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the State of Oregon, acting through its Highway Commission, from an order of the circuit court which sustained the defendant's motion (1) to vacate the judgment previously entered in this cause and (2) to grant a new trial. The action which gave rise to the challenged order was instituted by the state under its eminent domain powers to acquire for highway construction purposes a parcel of real property owned by the...

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