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STATE HIGHWAY COM. v. GLASER

227 Or. 614 (1961)

363 P.2d 1081

363 P.2d 1082

363 P.2d 1083

STATE HIGHWAY COMMISSION ET AL v. GLASER ET AL (3 Cases)

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, L.I. Lindas, Assistant Attorney General and Chief Counsel for the Oregon State Highway Commission, Salem, and Leslie B. Hampton, Assistant Attorney General, Salem.

W.C. Winslow, Salem, argued the cause for respondents. On the brief was Norman K. Winslow, Salem, and Orval N. Thompson, Albany.

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

AFFIRMED.

PER CURIAM.

This is a proceeding brought by the State Highway Commission to condemn land in Linn county for the purpose of relocating the Pacific Highway. The case was tried to a jury which fixed the damages to be paid defendants. The judge then fixed the attorney's fee to be allowed the defendants pursuant to ORS 366.380(9) and entered judgment condemning the property for public purposes. The commission appealed from that portion of the judgment...

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