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HIGHWAY COM. v. FEVES

228 Or. 273 (1961)

365 P.2d 97

STATE HIGHWAY COMMISSION v. FEVES ET AL

Supreme Court of Oregon.

Reversed and remanded September 20, 1961.

Attorney(s) appearing for the Case

George W. Mead, Portland, argued the cause and filed a brief for appellants.

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, L.I. Lindas, and Charles Peterson, Assistant Attorneys General, Salem.

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

REVERSED AND REMANDED.

LUSK, J.

The State of Oregon through its Highway Commission commenced this action on October 22, 1959, by filing a complaint for the condemnation of a parcel of land in the city of Portland on which was located a multiple storied furnished apartment house owned by the defendants.

The defendants filed an answer to the complaint in which they alleged that the fair cash market value of the...

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