EBERLE v. STATE

No. 40013.

385 P.2d 868 (1963)

John F. EBERLE and Helen C. Eberle, Husband and Wife, Plaintiffs in Error, v. STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

October 15, 1963.


Attorney(s) appearing for the Case

John H. Cantrell, Cantrell, Douglass, Thompson & Wilson, Oklahoma City, for plaintiffs in error.

Paul Harkey, Oklahoma City, for defendant in error.


IRWIN, Justice.

On August 31, 1959, the State of Oklahoma, ex rel. Department of Highways, commenced condemnation proceedings in Cause No. 147895, against plaintiffs in error, hereinafter referred to as defendants, to condemn and acquire for highway purposes, a permanent easement covering approximately 109 acres across a 1040 acre tract of land owned by defendants. Commissioners were appointed and their report was filed on...

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