CUKA v. STATE

No. 9982.

122 N.W.2d 83 (1963)

Matt M. CUKA, Plaintiff, v. STATE of South Dakota, Defendant.

Supreme Court of South Dakota.

June 5, 1963.


Attorney(s) appearing for the Case

Elmer E. Gemar, Springfield, for plaintiff.

John B. Wehde, Sp. Asst. Atty. Gen., Pierre, for defendant.


HANSON, Presiding Judge.

This is an original proceeding against the state in which plaintiff seeks to recover $280 according to the terms of an option agreement with the State Highway Commission for right of way on an abandoned highway project. As there are 46 other land owners similarly situated this proceeding is in the nature of a "pilot" case.

The matter was referred to the Hon. James R. Bandy, as Referee, who entered and reported conclusions in favor...

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