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STATE v. OLSON

No. 7669.

95 Ariz. 149 (1963)

388 P.2d 151

STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellant, v. Eugene OLSON and Thelma Irine Olson, his wife, and Southern Arizona Bank & Trust Co., a corporation, Appellees.

Supreme Court of Arizona. In Division.

Rehearing Denied April 28, 1964.

Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., Phoenix, Robert O. Lesher, Sp. Asst. Atty. Gen., Tucson, for appellant.

Dunseath, Stubbs & Burch, Tucson, for appellees Olson.

Conner & Jones, Tucson, for appellees Southern Arizona Bank & Trust Co., a corporation.

LOCKWOOD, Justice.

This is an appeal by the state in a condemnation action from a judgment in favor of defendants Olson, and their mortgagee Southern Arizona Bank & Trust Company, in the amount of $12,000.

Defendants Olson were the owners in fee of the land in question, and Southern Arizona Bank & Trust Company held a mortgage on the land. The State of Arizona was constructing an underpass on West Grant Road in Tucson, and took an easement across the...

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