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SWYDEN v. STATE

No. 39804.

387 P.2d 613 (1963)

Mary SWYDEN, Plaintiff in Error, v. STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

December 10, 1963.

Attorney(s) appearing for the Case

Shapard & Cannon, Oklahoma City, for plaintiff in error.

Max Cook, Chief of Legal Division, Department of Highways, Jim Barnatt, Oklahoma City, for defendant in error.

HALLEY, Vice Chief Justice.

The Department of Highways of the State of Oklahoma brought suit to condemn all of Lots 10, 11, 12 and 13 of Block 12 of Orchard Park Addition to Oklahoma City for highway purposes. Commissioners were duly appointed to fix the value of these four lots, excluding mineral rights, which they did, arriving at a value of $28,000. This sum was deposited with the Court Clerk by the plaintiff and was paid...

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