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STATE EX REL. AGEE v. SUP. CT. FOR KING CTY.

No. 36078.

58 Wn.2d 838 (1961)

365 P.2d 16

THE STATE OF WASHINGTON, on the Relation of Thomas E. Agee et al., Petitioners, v. THE SUPERIOR COURT FOR KING COUNTY, Henry W. Cramer, Judge, Respondent.

The Supreme Court of Washington, Department Two.

September 28, 1961.

Attorney(s) appearing for the Case

Olwell & Boyle, for petitioners.

The Attorney General and Douglas R. Hartwich, Assistant, for respondent.

PER CURIAM:

By an action in eminent domain, the state sought to condemn a five-foot strip along the easterly border of the petitioners' property as a part of Primary State Highway No. 5, located in the city of Auburn, King county, Washington. The order adjudicating public use is here for review on certiorari.

The existing right of way adjacent to petitioners' property utilizes C street, northeast, in Auburn. The state...

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