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SMITHROCK QUARRY, INC. v. STATE

No. 36166.

60 Wn.2d 387 (1962)

374 P.2d 168

SMITHROCK QUARRY, INC., Respondent, v. THE STATE OF WASHINGTON, Appellant.

The Supreme Court of Washington, Department One.

August 16, 1962.

Attorney(s) appearing for the Case

The Attorney General, John C. O'Rourke and Theodore O. Torve, Assistants, for appellant.

John Spiller and D. Elwood Caples, for respondent.

ROSELLINI, J.

This action was brought to recover compensation for an alleged taking of the plaintiff's rights in a rock quarry in the area of Vancouver, Washington. It was alleged that the plaintiff, under an assignment of lease, had the right to remove rock materials which were lying on the land, and that the defendant, by its highway construction activities, had made it impossible to remove the materials. The jury found in favor of the plaintiff's contentions and...

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