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  5. 190 Cal.App.2d 497 (1961)
 

PEOPLE EX REL. DEPT. OF PUBLIC WORKS v. PERA

Docket No. 18879.

190 Cal.App.2d 497 (1961)

12 Cal. Rptr. 129

THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Respondent, v. ANGELO PERA et al., Defendants; DAVID TONELLI et al., Appellants.

Court of Appeals of California, First District, Division One.

March 27, 1961.

Attorney(s) appearing for the Case

Machado, Feeley & Machado and John H. Machado for Appellants.

Holloway Jones, Jack M. Howard, John H. Tallett, Robert J. DeFea, Charles W. Thissell and Robert E. Reed for Respondent.

WOOD (Fred B.), J. pro tem.*

In this proceeding in eminent domain the defendant landowners have appealed from a judgment awarding them $12,852 for the 3.048 acres taken and $934.50 for severance damages for the 8.742 acres not taken. The land taken by the state is for exchange with a railway company for a portion of the latter's right of way needed for highway purposes.

[1] The only instruction given which defendant...

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