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STATE HIGH. COM. v. KENDRICK

227 Or. 608 (1961)

363 P.2d 1078

STATE HIGHWAY COMMISSION ET AL v. KENDRICK ET AL

Supreme Court of Oregon.

Affirmed July 19, 1961.

Attorney(s) appearing for the Case

Charles Peterson, Assistant Attorney General, of Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, Salem, and L.I. Lindas, Assistant Attorney General and Chief Counsel for the Oregon State Highway Commission, Salem.

George Corey, Pendleton, argued the cause for respondents. On the brief was George W. Mead, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

McALLISTER, C.J.

This is a proceeding brought by the State Highway Commission to condemn land in Hood River county in connection with the widening of the Columbia River highway. The case was tried to a jury which fixed the damages to be paid defendants. Thereafter the judge held a hearing and fixed the attorney's fee to be allowed the defendants pursuant to ORS 366.380(9).1 Judgment was then entered condemning the property...

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