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HIGHWAY COMMISSION v. HEWITT

229 Or. 582 (1962)

368 P.2d 346

STATE HIGHWAY COMMISSION v. HEWITT ET AL

Supreme Court of Oregon.

Affirmed January 24, 1962.

Attorney(s) appearing for the Case

William A. Mansfield, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and L.I. Lindas and Charles Peterson, Assistant Attorneys General, Salem.

Frederic H. Starkweather, Jr., Gold Beach, argued the cause and submitted the brief for respondents.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff from a judgment of the circuit court, based upon a jury's verdict, which was entered in a condemnation action. The plaintiff is the state acting through its Highway Commission. Prior to the institution of the action on May 6, 1960, the defendants, John Hewitt, Jr. and his wife, were the owners of a tract of land approximately 135 acres in extent which lies about nine miles south of Gold Beach in Curry...

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