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IOWA DEVELOPMENT CO. v. IOWA STATE HIGHWAY COM'N

No. 50195.

108 N.W.2d 487 (1961)

IOWA DEVELOPMENT COMPANY, Appellee, v. IOWA STATE HIGHWAY COMMISSION, Appellant. Emma C. MURPHY, Appellee, v. IOWA STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Iowa.

Rehearing Denied June 13, 1961

Attorney(s) appearing for the Case

Evan L. Hultman, Atty. Gen., C. J. Lyman, Special Asst. Atty. Gen., Donald L. Beving and Keith E. McWilliams, Des Moines, for appellant.

Duncan, Jones, Hughes, Riley & Davis, Des Moines, for appellee Iowa Development Co.

Steward, Crouch & Kelly, Des Moines, for appellee Emma C. Murphy.

GARFIELD, Chief Justice.

Two adjoining landowners, Iowa Development Co. and Emma C. Murphy, as plaintiffs, appealed to the district court from the assessment of damages by commissioners for the taking by eminent domain of part of their lands for interstate highways. Upon plaintiffs' motion the two cases were consolidated for trial. From the court's ascertainment of the amount of damages, following trial without a jury, defendant state highway commission (herein called...

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