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IN RE PRIMARY ROAD NO. IOWA 141

No. 50611.

114 N.W.2d 290 (1962)

In re PRIMARY ROAD NO. IOWA 141. In the Matter of the Condemnation of Certain Land by the Iowa State Highway Commission for the Use and Benefit of the State of Iowa In the Improvement of Primary Road No. Iowa 141, west of and within the town of Manning, Iowa, located In Carroll County, Project No. FN-334. Mary Margaret KUKER, James Kuker, and Mary Margaret Kuker, Guardian of James Kuker, Ginette Kuker and Jacob Kuker, Jr., Minors, Appellants, v. IOWA STATE HIGHWAY COMMISSION, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 12, 1962.

Attorney(s) appearing for the Case

Erwin H. Hansen, Manning, and Leighton A. Wederath, Carroll, for appellants.

Evan Hultman, Atty. Gen., Des Moines, C. J. Lyman, Asst. Atty. Gen., and A. Jackson Allen, State Counsel, Iowa State Highway Commission, Ames, and Minnich & Minnich, Carroll, for appellee.

LARSON, Justice.

Involved in this appeal is the correctness of the trial court's ruling sustaining defendant's motion to strike parts of three paragraphs of plaintiffs' petition. An interlocutory appeal was granted in accordance with R.C.P. 332, 58 I.C.A.

In June of 1961 defendant commenced proceedings to condemn, for highway purposes, certain real property of plaintiffs in Carroll County, Iowa, which abutted Primary Road No. 141 for 383 feet on the north...

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